[Federal Register Volume 90, Number 95 (Monday, May 19, 2025)]
[Proposed Rules]
[Pages 21252-21254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08858]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0404]
RIN 1625-AA08
Special Local Regulation; Elizabeth River, Western Branch,
Portsmouth, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a special local
regulation for certain waters on the Western Branch of the Elizabeth
River in Portsmouth, VA. This action is necessary to provide for the
safety of life on these navigable waters during a high-speed boat race.
This proposed rulemaking would prohibit persons and vessels from
entering the regulated area unless authorized by the Captain of the
Port, Sector Virginia or a designated representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 3, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0404 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 LCDR Justin Strassfield, Sector
Virginia, Waterways Management Division, U.S. Coast Guard, Telephone:
(571) 608-2969; or [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
SLR Special Local Regulation
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On February 12, 2025, the Coast Guard received a request, under 33
CFR 100.15, from the Portsmouth Power Boating Association, for a Marine
Event Permit to host a high-speed boat race to be held on August 9-10,
2025, from 10 a.m. until 4 p.m. each day, on the Western Branch of the
Elizabeth River in Portsmouth, VA. The high-speed boat race will
include approximately 35 participants and 50 spectator craft.
The Captain of the Port, Sector Virginia (COTP) has determined that
potential hazards associated with a high-speed boat race will be a
safety concern for anyone within the race area of the Western Branch of
the Elizabeth River. A Captain of the Port (COTP), after approving
plans for the holding of a ``regatta or marine parade'' (an organized
water event of limited duration which is conducted according to a
prearranged schedule, 33 CFR 100.05(a)) within his or her zone, is
authorized to promulgate such special local regulations (SLRs) as he or
she deems necessary to ensure safety of life on the navigable waters
immediately prior to, during, and immediately after the approved
regatta or marine parade. 33 CFR 100.35. The purpose of this proposed
rulemaking is to protect event participants, non-participants, and
transiting vessels before, during, and after the scheduled event.
We are providing a comment period of 15 days on the assumption we
will have enough time to receive comments, consider them, make any
appropriate changes, and publish a temporary final rule by August 9,
2025, when the event will occur. The Coast Guard is proposing this
rulemaking under statutory authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The proposed regulated area is located on the Western Branch of the
Elizabeth River, in Portsmouth, VA, on a designated, marked course. The
coordinates of the regulated area are provided in the text of the
proposed rule. That text appears at the end of this document. The
proposed enforcement period for the rule and the size of the regulated
area have been chosen to ensure the safety of life on these navigable
waters before, during, and after the high-speed boat race, which is
scheduled from 10 a.m. to 4 p.m. each day on August 9-10, 2025.
The COTP and Coast Guard Event Patrol Commander (PATCOM) would have
authority to forbid and control the movement of all vessels and
persons, including event participants, in the regulated area. No
nonparticipant vessel or person would be permitted to enter the
regulated area without obtaining permission from the COTP or Event
PATCOM.
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.
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 the special local regulation.
Vessel traffic would be able to safely transit around this special
local regulation which would impact a small, designated area of the
Western Branch of the Elizabeth River for 2 days, in a location where
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 proposed 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
special local regulation 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
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this rulemaking would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer 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 special
local regulation lasting 2 days that would prohibit entry within a race
area. 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. A preliminary Memorandum for the Record
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.
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-2025-0404 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 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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.T05-0404 to read as follows:
Sec. 100.T05-0404 Special Local Regulation; Western Branch of the
Elizabeth River, Portsmouth, VA.
(a) Regulated area. The regulations in this section apply to the
following area: All waters of Western Branch of the Elizabeth River,
from surface to bottom, encompassed by a line connecting the following
points 36[deg]50'15.0'' N, 076[deg]22'32.0'' W; 36[deg]50'12.0'' N,
076[deg]22'34.0'' W; 36[deg]50'06.06'' N, 076[deg]22'30.0'' W;
36[deg]50'03.0'' N, 076[deg]21'56.0'' W; 36[deg]50'09.0'' N,
076[deg]21'52.0'' W; 36[deg]50'12.0'' N, 076[deg]21'54.0'' W. These
coordinates are based on World Geodetic System (WGS) 84 coordinates.
(b) Definitions. As used in this section:
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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 Virginia (COTP) in
the enforcement of the regulations in this section.
Participant means any person or vessel 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 Captain of the Port Virginia 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 Event PATCOM or official patrol vessel may forbid and
control the movement of all persons and vessels in the regulated
area(s). When hailed or signaled by an official patrol vessel, the
person or vessel being hailed must immediately comply with all
directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
(4) 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 10 a.m.
to 4 p.m. on each day, August 9-10, 2025.
Dated: May 8, 2025.
Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port Sector Virginia.
[FR Doc. 2025-08858 Filed 5-16-25; 8:45 am]
BILLING CODE 9110-04-P