[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Rules and Regulations]
[Pages 43314-43316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10863]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[USCG-2024-0345]
RIN 1625-AA08


Special Local Regulation; York River, Yorktown, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for a portion of the navigable waters in the York River, in 
Yorktown, VA. The special local regulation is needed to protect 
personnel and vessels during the York River Workboat Races. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port, Sector Virginia.

DATES: This rule is effective from 11 a.m. until 3 p.m. on June 2, 
2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0345 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 LCDR Ashley Holm, Chief, Waterways Management Division, 
Sector Virginia, U.S. Coast Guard; telephone 757-668-5580, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port, Sector Virginia
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 sponsor of the ``Yorktown Workboat Races,'' a high-speed boat 
race to be held at the Yorktown waterfront, has applied for a permit to 
conduct that event on June 2, 2024, as required by 33 CFR 100.15. After 
the approval of such a permit, the Captain of the Port, Sector Virginia 
(COTP) is authorized to promulgate such ``special local regulations'' 
as he or she deems necessary to ensure the safety of life on the 
navigable waters immediately prior to, during, and immediately after 
the event. See 33 CFR 100.35(a). This temporary rule embodies the 
special local regulations the COTP deems necessary for this event.
    The Coast Guard is issuing this temporary rule under authority in 5 
U.S.C. 553(b)(B). This statutory provision authorizes an agency to 
issue a rule without prior notice and opportunity to comment when the 
agency for good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' The Coast Guard 
finds that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule because it is impracticable 
to publish an NPRM, provide a comment period, consider any comments 
submitted, and publish a final regulation by June 2, 2024, when the 
rule must be in effect to ensure the safety of life on the navigable 
waters during the Workboat Race scheduled to take place then.
    In addition, the Coast Guard finds that good cause exists under 5 
U.S.C. 553(d)(3) for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date would 
be contrary to the public interest, as it is in the public interest to 
have the rule in effect on June 2nd to ensure the safety of event 
spectators, and those in support craft and other vessels transiting the 
navigable waters

[[Page 43315]]

adjacent to the event. As noted below, advance notifications will be 
made to affected users of the waterway via Broadcast Notice to Mariners 
and Local Notice to Mariners.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The COTP has determined that potential hazards associated with a 
high-speed boat race on June 2, 2024, will be a safety concern for 
anyone within the race area. This rule is needed to protect personnel 
and vessels in the navigable waters within the special local regulation 
during the event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 11 a.m. until 
3 p.m. on June 2, 2024. The special local regulation will cover all 
navigable waters within the following latitude and longitude positions: 
37[deg]14'21.6'' N, 76[deg]30'27.2'' W; 37[deg]14'23.5'' N, 
76[deg]30'25.6'' W; 37[deg]14'10.4'' N, 76[deg]30'11.2'' W; 
37[deg]14'13.3'' N, 76[deg]30'08.0'' W. The duration of the zone is 
intended to protect personnel and vessels in these navigable waters 
during a high-speed boat race. No vessel or person will be permitted to 
enter the area subject to this special local regulation without 
obtaining permission from the COTP or a designated representative.

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, 
location, duration, and time-of-day of the special local regulation. 
Vessel traffic will be able to safely transit around this special local 
regulation which would impact a small, designated area of the York 
River for four hours on a Sunday when vessel traffic is normally low. 
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners 
via VHF-FM marine channel 16 about the zone, and the rule would allow 
vessels to seek permission to enter the zone.

B. Impact on Small Entities

    In the spirit of 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 determined 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 
special local regulation lasting only 4 hours that will prohibit entry 
within the following latitude and longitude positions: 37[deg]14'21.6'' 
N, 76[deg]30'27.2'' W; 37[deg]14'23.5'' N, 76[deg]30'25.6'' W; 
37[deg]14'10.4'' N, 76[deg]30'11.2'' W; 37[deg]14'13.3'' N, 
76[deg]30'08.0'' W. It is categorically excluded from further review 
under paragraph L61 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 person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

List of Subjects in 33 CFR Part 100

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


[[Page 43316]]


    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T599-0345 to read as follows:


Sec.  100.T599-0345  Special Local Regulation; York River, Yorktown, VA

    (a) Regulated area[s]. The regulations in this section apply to the 
following area: All waters of York River, from surface to bottom, 
encompassed by a line connecting the following points: 37[deg]14'21.6'' 
N, 76[deg]30'27.2'' W; 37[deg]14'23.5'' N, 76[deg]30'25.6'' W; 
37[deg]14'10.4'' N, 76[deg]30'11.2'' W; 37[deg]14'13.3'' N, 
76[deg]30'08.0'' W. These coordinates are based on WGS84.
    (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 Virginia 
(COTP) in the enforcement of the regulations in this section.
    Non-Participant means any person or and vessel not registered with 
the event sponsor as a participant in the race.
    (c) Regulations. (1) All non-participants are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area 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-FM Channel 16. 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.
    (d) Enforcement period. This section will be enforced from 11 a.m. 
to 3 p.m. on June 2, 2024.

    Dated: May 10, 2024.
J.A. Stockwell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2024-10863 Filed 5-16-24; 8:45 am]
BILLING CODE 9110-04-P