[Federal Register Volume 90, Number 114 (Monday, June 16, 2025)]
[Proposed Rules]
[Pages 25180-25183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10938]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0463]
RIN 1625-AA08
Special Local Regulation; 100th Annual Pony Swim, Chincoteague
Inlet and Surrounding Waters, Sector Virginia Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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[[Page 25181]]
SUMMARY: The Coast Guard is proposing to establish a temporary Special
Local Regulation on the waters around Assateague, Chincoteague, and
Wallops Islands. This action is necessary to provide for the safety of
life on these navigable waters from potential hazards during the week
of the 100th Annual Pony Roundup, Swim & Auction. All non-participants
would be prohibited from entering, transiting through, anchoring in, or
remaining within the regulated area without permission from the Captain
of the Port 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 30, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0463 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
COTP Captain of the Port, Sector Virginia
CFR Code of Federal Regulations
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
A Captain of the Port, 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 Captain of the Port 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. Each year, the Chincoteague Volunteer Fire
Company notifies the Coast Guard that it will be conducting a pony
round up and auction which requires closure of the Assateague Channel
for a ``pony swim,'' the passage of the animals from Assateague Island
to Chincoteague Island and submits a permit under 33 CFR 100.15. To
provide for the closure of the Assateague Channel and to reserve
sufficient space to designate spectator areas around the event, a
permanent Special Local Regulation (SLR) was created in table 3 to
paragraph (i)(3) to 33 CFR 100.501 to support this recurring Permitted
Marine Event.
This year's event is the 100th of its kind and it is therefore
expected to draw many more spectators than in previous years. Due to
the expected increased number of spectators, increased vessel traffic,
and an increased population on and around Chincoteague Island, the
Captain of the Port, Sector Virginia (COTP) has determined this year's
event will present safety concerns over a significantly larger area
than the regulated area of the permanent SLR. We are therefore
proposing this temporary rule to allow for supervision over a larger
area and more specific traffic control measures than the permanent
regulation covers. The Coast Guard is proposing this rule under
authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP is proposing to establish an SLR which would be in effect
and subject to enforcement from 6 a.m. on July 26th, 2025 to 10 p.m. on
August 1, 2025. The SLR would create a buffer zone, a neutral area that
surrounds the perimeter of the regulated area, covering all navigable
waters within the boundary of a perimeter drawn from points: 37 57' N,
075 27' W; 37 57' N, 075 21' W; 37 52' N, 075 21' W; 37 52' N, 075 27'
W. It would extend to persons and vessels transiting through the waters
around Chincoteague Island, Assateague Island and the North shores of
Wallops Island, on the week of the event.
This proposed rulemaking would prevent persons and vessels from
impacting the movement of emergency services in the regulated area and
provide traffic control measures in the buffer zone when directed by
the COTP or a designated representative. The proposed enforcement
period for the rule and the size of the special local regulation's
regulated area and buffer zone have been chosen to ensure the safety of
life on these navigable waters before, during, and after the scheduled
multi-day event. The rule would allow vessels to operate using
conventional navigational rules within the buffer zone unless unsafe
conditions or vessel concentrations are identified. The COTP and Coast
Guard Event Patrol Commander (PATCOM) would, however, control the
movement of all vessels and persons, including event participants, in
the buffer zone and regulated area, and could forbid such movement, as
warranted by the circumstances.
Because unsafe conditions are most likely to occur in the vicinity
of channel narrowing bridges, and because the proper functioning the
roadways into and out of the island will be significantly impacted by
the increase in vessels attending the event, specific regulations
around the movement of vessels around bridges has been prescribed
within the regulation. These will be broadcast during the week of the
event to aid in managing the congestion expected. The Coast Guard would
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the enforcement of the SLR. The regulatory text we are proposing
appears at the end of this document.
We are providing a comment period of 14 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 July 26,
2025, when the event begins.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analysis based on a number of these statutes and Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the SLR. Vessel traffic would be
able to safely transit normally though this buffer zone and regulated
area during the evenings,
[[Page 25182]]
when vessel traffic is normally low. Moreover, within the buffer zone,
beyond the immediate vicinity of the Pony Swim, the Coast Guard will
only be controlling traffic when there are unsafe concentrations of
marine traffic, or where the concentration of marine traffic would
impact the safe transit of emergency services.
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 an SLR
lasting approximately 6 days that would supplement existing Coast Guard
authorities to manage traffic and existing navigation rules for the
expected vessel concentrations associated with a high spectator marine
event. 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-2025-0463 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 in
the docket 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).
[[Page 25183]]
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.T599-0463 to read as follows:
Sec. 100.T599-0463 100th Annual Pony Roundup, Swim & Auction,
Chincoteague Island and Surrounding Waters, Virginia.
(a) Regulated area. The regulations in this section apply to the
following area: The navigable waters of Assateague Channel from
shoreline to shoreline, bounded to the east by a line drawn from
latitude 37[deg]55'01'' N, longitude 075[deg]22'40'' W, thence south to
latitude 37[deg]54'50'' N, longitude 075[deg]22'46'' W; and to the
southwest by a line drawn from latitude 37[deg]54'54'' N, longitude
075[deg]23'00'' W, thence east to latitude 37[deg]54'49'' N, longitude
075[deg]22'49'' W.
(b) Buffer zone. All navigable waters from surface to bottom,
encompassed by a boundary line connecting the following four points
beginning 37 57' N, 075 27' W; then to 37 57' N, 075 21' W; thence to
37 52' N, 075 21' W; then to 37 52' N, 075 27' W and back to the
beginning point. All coordinates in this rule are based on WGS 84.
(c) Definitions. As used in this section--
Buffer zone means a neutral area that surrounds the perimeter of
the regulated area. The buffer zone provides separation between the
regulated area and vessels that are operating in the vicinity of the
regulated area for a marine event. The purpose of a buffer zone is to
minimize potential collision conflicts between participants,
participants and non-participants, or between participants and non-
participants with nearby transiting vessels. While non-participant
vessels may operate within the buffer zone, they must abide by the
provisions of paragraph (d)(4) (``Approaching Bridge Foundations'').
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 event.
(d) 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, Sector Virginia or their
designated representative.
(2) To seek permission to enter or transit the Regulated Area,
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 buffer zone
described in paragraph (b) or regulated area described in paragraph
(a). 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 buffer zone,
citation for failure to comply, or both.
(4) Any vessel operating beneath a bridge anywhere within the
regulated area or the buffer zone must make a direct, immediate and
expeditious passage beneath the bridge while remaining within the
navigable channel. No vessel may stop, moor, anchor or loiter beneath a
bridge at any time. No vessel may approach within a 25-yard radius of
any bridge foundation, support, stanchion, pier or abutment except as
required for the direct, immediate and expeditious transit beneath a
bridge.
(5) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(e) Enforcement period. This section will be enforced 24 hours a
day starting at 6 a.m. on July 26, 2025 and ending at 10 p.m. on August
1, 2025.
Dated: June 4, 2025.
Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port Sector Virginia.
[FR Doc. 2025-10938 Filed 6-13-25; 8:45 am]
BILLING CODE 9110-04-P