[Federal Register Volume 90, Number 108 (Friday, June 6, 2025)]
[Rules and Regulations]
[Pages 24074-24076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10273]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0405]
RIN 1625-AA08
Special Local Regulation; East River, Mathews, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation for
certain waters on the East River in Mathews, VA. This action is
necessary to provide for the safety of life on these navigable waters
during an annual boat docking contest. This rulemaking prohibits
persons and vessels from entering the regulated area unless authorized
by the Captain of the Port, Sector Virginia or a designated
representative.
DATES: This rule is effective from 11 a.m. until 10 p.m. on July 5,
2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0405 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
[[Page 24075]]
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
The Coast Guard is issuing this temporary rule under the 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 for a special local regulation which must be
established by July 5, 2025 to prevent harm from potential navigation
and safety hazards created by this event. There is not sufficient time
to allow for a notice and comment period prior to the event.
Also, 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 the rule must be in effect by July
5, 2025 to serve its intended purpose.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port, Sector Virginia (COTP) has determined
that potential hazards associated with high-speed vessel events present
a safety concern for anyone within the special local regulation. These
hazards include personal injury and property damage which could result
from collisions with spectator vessels and with nonparticipant vessels.
The purpose of this rule is to ensure safety of vessels and people in
the navigable waters who might otherwise be in the special local
regulation before, during, and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a special local regulation (SLR) from 11 a.m.
until 10 p.m. on July 5, 2025. The SLR will include all navigable
waters of the East River within the following points: 37[deg]24'12.0''
N, 076[deg]20'48.4'' W; 37[deg]24'12.0'' N, 076[deg]20'52.0'' W;
37[deg]24'13.0'' N, 076[deg]20'52.0'' W; 37[deg]24'13.1'' N,
076[deg]20'48.6'' W, located near Williams Wharf in Mathews, VA. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters during the boat docking
contest event. No nonparticipant vessel or person will be permitted to
enter the SLR without obtaining permission from the COTP or a
designated representative. Advance notifications will be made to
affected users of the waterway via Broadcast Notice to Mariners and
Local Notice to Mariners.
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 on the size,
location, duration, and time-of-day of the SLR. The Coast Guard will
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the regulated area, and the rule allows vessels to seek permission to
enter the zone.
B. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules not
subject to notice and comment. As the Coast Guard has, for good cause,
waived the notice and comment requirement that would otherwise apply to
this rulemaking, the Regulatory Flexibility Act's flexibility analysis
provisions do not apply here.
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
[[Page 24076]]
$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 9 hours that will prohibit entry
within 100 yards of a vessel docking 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. A 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.
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. Add Sec. 100.T599-0405 to read as follows:
Sec. 100.T599-0405 Special Local Regulation; East River, Mathews, VA.
(a) Regulated area. The regulations in this section apply to the
following area: all navigable waters of the East River within the
following points: 37[deg]24'12.0'' N, 076[deg]20'48.4'' W;
37[deg]24'12.0'' N, 076[deg]20'52.0'' W; 37[deg]24'13.0'' N,
076[deg]20'52.0'' W; 37[deg]24'13.1'' N, 076[deg]20'48.6'' W, located
near Williams Wharf in Mathews, VA. These coordinates are based on WGS
84.
(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.
Participant means all persons and vessels registered with the event
sponsor as a participant in the event.
(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 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 10 p.m. on July 5, 2025.
Dated: May 28, 2025.
Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2025-10273 Filed 6-5-25; 8:45 am]
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