9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0376]
RIN 1625-AA08
Special Local Regulation; San Jacinto River, Houston, TX
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is proposing to establish special local regulations to
provide for the safety of life on certain waters of the San Jacinto River, in Houston, TX.
These regulations would be enforced during a high-speed boat race every first weekend
in March. This proposed rulemaking would prohibit persons and vessels from being in
the regulated area unless authorized by the Captain of the Port Houston-Galveston or
Patrol Commander. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast Guard on or
before July 28, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-20240376 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 Lieutenant Junior Grade Jack Brunswick, Sector

Houston-Galveston Waterways Management Division, U.S. Coast Guard; telephone 713398-5823, email houstonwwm@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR
DHS
FR
NPRM
§
U.S.C.

Code of Federal Regulations
Department of Homeland Security
Federal Register
Notice of proposed rulemaking
Section
United States Code

II. Background, Purpose, and Legal Basis
On April 28, 2024, an organization notified the Coast Guard that it will be
conducting their high-speed boat race from 8 a.m. to 6 p.m. on the first or second
Saturday in March, annually. The boat race is to be held in the navigable waters of San
Jacinto River, Houston, TX. The Captain of the Port Houston-Galveston (COTP) has
determined that potential hazards associated with the power boat race will be a safety
concern for anyone within the Pre-Stage Zone, Approach Zone, Course Run Zone, and
Shut-Down Zone before, during, and after the scheduled event. This proposed rule would
add a recurring marine event requiring a special local regulation to Table 3 of 33 CFR §
100.801—Sector Houston-Galveston Annual and Recurring Marine Events.
The purpose of this rulemaking is to protect personnel, vessels, and the marine
environment in the navigable waters within the Pre-Stage Zone, Approach Zone, Course
Run Zone, and Shut-Down Zone before, during, and after the power boat race in San
Jacinto River, Houston, TX. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
Part 100 of title 33 of the CFR contains regulations describing marine events
conducted on the U.S. navigable waters in order to ensure the safety of life in the
regulated areas. Section 100.801 of the title provides the regulations applicable to events

taking place in the Eighth Coast Guard District and also provides tables listing each event
and special local regulations. This section requires amendment from time to time to
properly reflect recurring special local regulations.
This proposed rule would update section 100.801, Table 3 titled “Sector HoustonGalveston Annual and Recurring Marine Events.” Specifically, the COTP is proposing to
establish a special local regulation in the navigable waters of San Jacinto River, Houston,
TX from 8 a.m. to 6 p.m. on the first or second Saturday in March each year to restrict
general navigation during an annually recurring high-speed boat race for safety purposes.
The special local regulation will encompass five different zones to include the Pre-Stage
Zone, Approach Zone, Course Run Zone, Shut-Down Zone, and the Spectator Zone as
described below:
Pre-Stage Zone: This is the pre-staging area for participating vessels to line up. It
will include all waters within 150 ft of 29°53’29.0148”N, 095°06’39.4416”W.
Approach Zone: 200 ft distance required for participating vessels to obtain the
minimum 40 mph requirement for course entry. This will be a straight line to begin at
approximately 29°53’27.3”N, 95°06’42.6”W and end at approximately 29°53’27.6”N,
95°06’40.0”W.
Course Run Zone: 600 ft distance where participating vessels will conduct their
high-speed run. This will be a straight line to begin at approximately 29°53’27.6”N,
95°06’40.0”W and end at approximately 29°53’30.0”N, 95°06’34.7”W.
Shut-Down Zone: 900 ft distance where participating vessels will be allowed to
slow their speeds back to an idle. This will be a straight line to begin at approximately
29°53’30.0”N, 95°06’34.7”W and end at approximately 29°53’34.3”N, 95°06’24.1”W.
Spectator Zone: All vessels that will be viewing the event will be required to stay
within a designated area. The sponsor is responsible for monitoring the spectator zone
and ensuring that all vessels within the area are anchored and remain in the area during

all ongoing high-speed runs. The following coordinates are the approximate location of
the Spectator Zone: 29°53’29.4”N, 95°06’39.8”W, thence to 29°53’28.5”N,
95°06’39.6”W, thence to 29°53’29.7”N, 95°06’36.9”W, thence to 29°53’30.4”N,
95°06’37.2”W.
No vessel or person would be permitted to enter the established zones without
obtaining permission from an official patrol vessel or designated representative.
The term “designated representative” means Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty officers, and other officers operating Coast
Guard vessels, and Federal, state, and local officers designated by or assisting the COTP
in the enforcement of the regulated areas.
The regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses based on a
number of these statutes and Executive orders, and we discuss First Amendment rights of
protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits
of available regulatory alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits. This NPRM has not been designated a
“significant regulatory action,” under section 3(f) of Executive Order 12866, as amended
by Executive Order 14094 (Modernizing Regulatory Review). Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size, location, duration, and
time of day of this special local regulation. Vessel traffic will be able to safely transit
around this safety zone, which would impact a small, designated area of the San Jacinto

River, for a short duration, when vessel traffic is normally low. Moreover, the Coast
Guard would issue a Broadcast Notice to Mariners about the zone via VHF-FM marine
channel 16, and the rule would allow vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires
Federal agencies to consider the potential impact of regulations on small entities during
rulemaking. The term “small entities” comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than 50,000. The Coast
Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant
economic impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the safety zone
may be small entities, for the reasons stated in section IV.A above, this proposed rule
would not have a significant economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental jurisdiction
qualifies as a small entity and that this proposed rule would have a significant economic
impact on it, please submit a comment (see ADDRESSES) explaining why you think it
qualifies and how and to what degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act
of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed
rule. If the proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its provisions or options for
compliance, please call or email the person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any policy or action of the
Coast Guard.

C. Collection of Information
This proposed rule would not call for a new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132 (Federalism),
if it has a substantial direct effect on the States, on the relationship between the National
Government and the States, or on the distribution of power and responsibilities among the
various levels of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism principles and
preemption requirements described in Executive Order 13132.
Also, this proposed rule does not have tribal implications under Executive Order
13175 (Consultation and Coordination with Indian Tribal Governments) because it would
not have a substantial direct effect on one or more Indian tribes, on the relationship
between the Federal Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If you believe this
proposed rule has implications for federalism or Indian tribes, please call or email the
person listed in the FOR FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of their discretionary regulatory actions. In
particular, the Act addresses actions that may result in the expenditure by a State, local,
or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted
for inflation) or more in any one year. Though this proposed rule would not result in
such an expenditure, we do discuss the potential effects of this proposed rule elsewhere in
this preamble.
F. Environment

We have analyzed this proposed rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and Environmental
Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made
a preliminary determination that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human environment. This
proposed rule involves a marine event and special local regulation lasting only 10 hours
that would prohibit entry within 150 feet of the boat course. Normally such actions are
categorically excluded from further review under paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023–01–001–01, Rev. 1. We seek any comments or
information that may lead to the discovery of a significant environmental impact from
this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters. Protesters are asked
to call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section to coordinate protest activities so that your message can be received without
jeopardizing the safety or security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking and will
consider all comments and material received during the comment period. Your comment
can help shape the outcome of this rulemaking. If you submit a comment, please include
the docket number for this rulemaking, indicate the specific section of this document to
which each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through the
Federal Decision-Making Portal at https://www.regulations.gov. To do so, go to

https://www.regulations.gov, type USCG- 2024-0376 in the search box and click
"Search." Next, look for this document in the Search Results column, and click on it.
Then click on the Comment option. If you cannot submit your material by using
https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate instructions.
Viewing material in docket. To view documents mentioned in this proposed rule
as being available in the docket, find the docket as described in the previous paragraph,
and then select “Supporting & Related Material” in the Document Type column. Public
comments will also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked Questions webpage.
Also, if you click on the Dockets tab and then the proposed rule, you should see a
“Subscribe” option for email alerts. The option will notify you when comments are
posted, or a final rule is published.
We review all comments received, but we will only post comments that address
the topic of the proposed rule. We may choose not to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we post to
https://www.regulations.gov will include any personal information you have provided.
For more about privacy and submissions to the docket in response to this document, see
DHS’s eRulemaking System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Harbors, Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is proposing to amend
33 CFR part 100 as follows:

PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
2. In § 100.801, in table 3 under paragraph (j), amend by adding item 8 in
numerical order to read as follows:
§ 100.801 Annual Marine Events in the Eighth Coast Guard District.
*****
(j) * * *
Table 3 of § 100.801—Sector Houston-Galveston Annual and Recurring Marine
Events
Date
*******
8. First or Second
Saturday in March

Event/sponsor

Winter Nationals
Boat Race

HoustonGalveston
location

Regulated area

San Jacinto
River, Houston,
TX

San Jacinto River within
150 feet of the following
area: 29°53’29.0148” N,
095°06’39.4416”W; the
Approach Zone
comprised of a straight
line to begin at
approximately
29°53’27.3”N,
95°06’42.6”W and end at
approximately
29°53’27.6”N,
95°06’40.0”W; the
Course Run Zone
comprised of a straight
line to begin at
approximately
29°53’27.6”N,
95°06’40.0”W and end at
approximately
29°53’30.0”N,
95°06’34.7”W; the ShutDown 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. 2024-13785 Filed: 6/21/2024 8:45 am; Publication Date: 6/24/2024]