[Federal Register Volume 90, Number 137 (Monday, July 21, 2025)]
[Rules and Regulations]
[Pages 34181-34184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13655]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary Special Local
Regulation on the waters around Assateague, Chincoteague, and Wallops
Islands, on Virginia's Eastern Shore. 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 intermittently prohibited from
entering, transiting
[[Page 34182]]
through, anchoring in, or remaining within the regulated area without
permission from the Captain of the Port or a designated representative.
DATES: This rule is effective from 6 a.m. on July 26, 2025, through 10
p.m. on August 1, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
USCG-2025-0463 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
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 Information and Regulatory History
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. This year, like each previous year, the
Chincoteague Volunteer Fire Company notified the Coast Guard that it
will be conducting a pony round up and auction. This requires closure
of the Assateague Channel for a ``pony swim,'' the passage of the
animals from Assateague Island to Chincoteague Island, and the sponsor
submitted a permit application under 33 CFR 100.15, as it has in
previous years. To provide for the closure of the Assateague Channel
and to reserve sufficient space to designate spectator areas around the
event, a permanent 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 attract 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.
In response, on June 16, 2025, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled Special Local Regulation; 100th
Annual Pony Swim, Chincoteague Inlet and Surrounding Waters, Sector
Virginia Captain of the Port Zone. There, we stated why we issued the
NPRM and we invited comments on our proposed regulatory action related
to this marine event. During the comment period that ended June 30,
2025, we received no 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 the increased
vessel traffic and associated navigational hazards connected with the
channel closure, due to occur less than 30 days after this rule is
published.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70041. The Captain of the Port, Sector Virginia (COTP) has
determined that potential hazards associated with increased
concentration of vessels associated with the marine event starting on
July 26th and lasting until August 1st. will be a safety concern for
persons and property within the Outer Area described within this rule.
The purpose of this rule is to ensure safety of vessels and the
navigable waters in the Outer Area before, during, and after the
scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published June
16th, 2025. However, we have assessed that the use of the terms
``Buffer Zone'' and ``Regulated Area,'' as defined in the NPRM may be
confusing. We have therefore substituted the term ``Outer Area'' for
what we had referred to as the ``Buffer Zone'' in the NPRM, and we have
substituted the term ``Inner Area'' for what we had referred to in the
NPRM as the ``Regulated Area.'' In this final rule, the term
``Regulated Area'' refers to the ``Inner Area'' and the ``Outer Area''
combined. These changes in terminology do not affect the intended
operation of the rule.
This rule therefore establishes a temporary SLR with a ``Regulated
Area'' consisting of an ``Inner Area'' and an ``Outer Area.'' The SLR
will be in effect and subject to enforcement twenty-four hours a day,
starting at 6 a.m. on July 26th, 2025 and ending at 10 p.m. on August
1, 2025. (This is in contrast to the permanent rule, which is in effect
for two nonconsecutive days a year.) What we have defined as the
``Inner Area'' of this temporary SLR is the same geographic area as the
entire ``Regulated Area,'' as defined in the permanent rule. The
``Outer Area'' consists of that portion the ``Regulated Area'' outside
the ``Inner Area.''
The COTP and Coast Guard Event Patrol Commander (PATCOM) will
control the movement of all vessels and persons, including event
participants, in both portions of the regulated area, as warranted by
the circumstances, and may forbid movement within the Inner Area. The
Inner Area includes all navigable waters 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, and provide a
regulated area centered on the area within the Outer Area at the where
the channel closure is planned between Assateague and Chincoteague
Island. The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after marine
event. No vessel or person will be permitted to enter the regulated
area 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.
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
[[Page 34183]]
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. The Coast
Guard has determined it to be a nonsignificant regulatory action.
This regulatory action determination is based on the size,
location, and duration of the SLR. In addition, we anticipate that
vessel traffic would be able to safely transit normally though the
entire regulated area during the evenings, when vessel traffic is
usually low. (Non-participant vessels transiting through the Inner Area
would have to request permission to transit the Inner Area, but we do
not anticipate any reason to have to deny such requests during the
evenings.) Moreover, within the Outer Area, 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 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
area encompassed by the Outer Area 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 SLR
lasting approximately seven 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. It is categorically excluded from further review under
paragraph L61of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, 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.T599-0463 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, consisting of an Inner Area and an Outer Area
encompassed by the following: 37 57' N, 075 27' W; then to 37 57' N,
075 21' W; thence to 37 52' N, 075 21' W; then returning to 37 52' N,
075 27' W.
(b) Inner 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.
(c) Outer area. All navigable waters surrounding the inner area of
regulated area from surface to bottom,
[[Page 34184]]
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.
(d) 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 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.
Regulated Area means an area where special local regulations apply
to a specific described waterway to include creeks, sounds, bays,
rivers, and oceans. Regulated areas include all navigable waters of a
specific body of water described with intent to define boundaries where
the Coast Guard enforces special local regulations. Boundaries may be
described from shoreline to shoreline, reference bridges or other fixed
structures, by points and lines defined by latitude and longitude. All
coordinates provided reference Datum: WGS 1984.
(e) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
Inner Area described in paragraph (b) 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 Inner Area, contact
the COTP or the COTP's representative by VHF/FM Channel 16. Those in
the Inner 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 Outer Area
described in paragraph (c) or Inner Area described in paragraph (b).
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 Outer Area, citation
for failure to comply, or both.
(4) Approaching Bridge foundations. Any vessel operating beneath a
bridge anywhere within the regulated area 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 subject to enforcement
twenty-four hours a day starting at 6 a.m. on July 26th, 2025 and
ending at 10 p.m. on August 1, 2025.
Dated: July 14, 2025.
Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port Sector Virginia.
[FR Doc. 2025-13655 Filed 7-18-25; 8:45 am]
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