BILLING CODE 9110-04-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

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 third weekend in July.
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
[INSERT DATE 15 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL
REGISTER].
ADDRESSES: You may submit comments identified by docket number USCG-2024-0359
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 Rudy Ortega, Sector Houston-Galveston
Waterways Management Division, U.S. Coast Guard; telephone 713-398-5823, email
houstonwwm@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR
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 18, 2024, an organization notified the Coast Guard that it will be conducting
their first high speed boat race from 10 a.m. to 6 p.m. on July 20 and July 21, 2024. 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. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a special local regulation from 10 a.m. to 6 p.m.,
daily, on July 20 and July 21, 2024. 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 highspeed 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 the on-water Safety-Officer 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.
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.
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 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. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed rule.
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- 2024-0359 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, 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

* * * * * * *
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 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. 2024-14334 Filed: 7/2/2024 8:45 am; Publication Date: 7/3/2024]