[Federal Register Volume 90, Number 95 (Monday, May 19, 2025)]
[Rules and Regulations]
[Pages 21221-21223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08865]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0262]
RIN 1625-AA08
Special Local Regulation; York River, Yorktown, VA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation for
certain waters on the York River in Yorktown, VA. This action is
necessary to provide for the safety of life on these navigable waters
during an annual high-speed boat race. This rulemaking prohibits
persons and vessels from entering the regulated area when it is subject
to enforcement unless authorized by the Captain of the Port, Sector
Virginia or a designated representative.
DATES: This rule is effective June 1, 2025. It will only be subject to
enforcement, however, on the first Sunday of June of each year, or as
rescheduled, as provided in the rule.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0262 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 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 Information and Regulatory History
On February 26, 2025, the Coast Guard received a request, under 33
CFR 100.15, from the County of York, for a Marine Event Permit to host
a high-speed boat race to be held on June 1, 2025, from noon until 2
p.m., on the York River in Yorktown, VA. The sponsor plans to host this
event annually thereafter, on the first Sunday of June. This year's
high-speed boat race will include approximately 35 participants and 200
spectator craft.
On April 23, 2025, in response to the application, the Coast Guard
published a notice of proposed rulemaking (NPRM) titled ``Special Local
Regulation; York River, Yorktown, VA'' (90 FR 17024). There, we stated
why we had issued the NPRM and we invited comments on our proposed
regulatory action related to this SLR. During the comment period that
ended May 8, 2025, we received 3 comments.
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 immediate action is needed to
respond to the potential safety hazards associated with a high-speed
boat race that will occur on June 1, 2025.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034. 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 racing area. The
purpose of this rule is to ensure safety of vessels and the navigable
waters in the regulated area before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes, and the Rule
We received three submissions on our proposed rule, published April
23, 2025. During the comment period, we also received a minor technical
correction to the coordinates of the SLR from the event sponsor. The
first submission was in favor of the proposed regulation, highlighting
the need for additional safety measures during high-speed boat races in
the area. The commenter stated that this rule would have minimal to no
impact on businesses or recreational waterway users. The second
submission was also in support of the regulation and stated that this
rule will help to ensure the event will be protected from potential
negative impacts.
The third submission complained of a lack of specificity regarding
the analysis of any impact on businesses that require passage through
the restricted waters, regarding any alternate route those businesses
would need to take, and regarding when, and how often the broadcast
notice to mariners will be broadcasted. In response, we note that this
event does not impede the navigable channel and that all vessels
(including small boats and Naval vessels) would be able to navigate the
York River during the event. The size of the regulated area is no more
than 550 yards long by 200 yards wide, and there is ample water within
the York River to transit around it. We therefore view the impact on
vessels traveling around the regulated waters for two hours on a Sunday
once a year as de minimis. The broadcast to mariners will be released
two days prior to the event and can be read on the U.S. Coast Guard
Navigation Center's website. In addition, it will be broadcasted over
the VHF FM Channel 16 twice a day. And the U.S. Coast Guard Sector
Virginia Command Center will read it over the VHF FM Channel 16 one
hour prior to the event and every 30 minutes thereafter for the
duration of the event. Furthermore, there will be a U.S. Coast Guard
Patrol Commander on scene notifying all mariners of the regulated area.
As the result of technical corrections provided by the event
sponsor during the comment period, we have made minor changes to the
coordinates provided in the NPRM. The difference in the coordinates is
negligible and does not increase the size or significantly change the
location of the regulated area from that described in the NPRM. We have
included a chart showing the original and final location of the
regulated area in the docket to illustrate how minor the changes are.
To view it, go to https://www.regulations.gov, type USCG-2025-0262 in
the search box and click ``Search.'' Next, look for this document in
the Search Results column, and click on it. Then select ``Supporting &
Related Material'' in the Document Type column. There are no other
[[Page 21222]]
changes in the regulatory text of this rule from the text of the
proposed rule.
This rule establishes a special local regulation which will be
subject to enforcement from noon until 2 p.m. on June 1, 2025, and
annually on the first Sunday in June in future years. The special local
regulation will cover a portion of the York River in Yorktown, VA, on a
designated, marked course. The coordinates of the regulated area are
provided in the language of the rule, provided below. The duration of
the enforcement period for the SLR zone was chosen to ensure the safety
of vessels and these navigable waters before, during, and after the
boat race, which is scheduled from noon to 2 p.m. this year. No vessel
or person will be permitted to enter the regulated area without
obtaining permission from the COTP or a designated representative. The
SLR is incorporated into 33 CFR 100.501 and the general provisions of
that rule apply to it.
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.
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.
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 would be able to safely transit around this special
local regulation which would impact a small, designated area of the
York River for no more than 2 hours a year, during a time 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
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
special local regulation 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 will 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 2 hours that would prohibit entry
within a race area. 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.
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 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. In Sec. 100.501, amend table 3 to paragraph (i)(3) by adding an
entry, in
[[Page 21223]]
alphabetical order, for ``York River Workboat Race'', to read as
follows:
Sec. 100.501 Special Local Regulations; Marine Events Within the
Fifth Coast Guard District.
* * * * *
(i) * * *
(3) * * *
Table 3 to Paragraph (i)(3)
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Enforcement \1\
Event Regulated area period(s) Sponsor
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* * * * * * *
York River Workboat Race......... All navigable waters encompassed First Sunday in York County.
by the following point: June.
37[deg]14'09.0'' N
76[deg]30'11.0'' W;
37[deg]14'13.2'' N,
76[deg]30'07.2'' W;
37[deg]14'24.0'' N,
76[deg]30'21.6'' W;
37[deg]14'20.4'' N,
76[deg]30'25.2'' W.
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\1\ As noted, the enforcement dates and times for each of the listed events in this table are subject to change.
In the event of a change, or for enforcement periods listed that do not allow a specific date or dates to be
determined, the Captain of the Port will provide notice to the public by publishing a Notice of Enforcement in
the Federal Register, as well as, issuing a Broadcaster Notice to Mariner.
* * * * *
Dated: May 12, 2025.
Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port Sector Virginia.
[FR Doc. 2025-08865 Filed 5-16-25; 8:45 am]
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