SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations

COTP Captain of the Port

DHS Department of Homeland Security

FR Federal Register

NPRM Notice of proposed rulemaking

§ Section

SLR Special Local Regulation

U.S.C. United States Code

II. Background and Authority

Coast Guard regulations define “regatta or marine parade” as an organized water event of limited duration which is conducted according to a prearranged schedule. 33 CFR 100.05(a). And, as explained in 33 CFR 100.15, Coast Guard requires that an organization planning to hold a regatta or marine event apply for a permit if the event, by its nature, circumstances, or location, will introduce extra or unusual hazards to the safety of life on the navigable waters of the United States. These permits may be approved by the Coast Guard, or by the state in which the event is to take place, if there is a Coast Guard-State agreement in place. See 33 CFR 100.10. Upon the approval of an application, the Captain of the Port, Sector Virginia (COTP) may promulgate such “Special Local Regulations” (SLR's) as he or she deems necessary to ensure safety of life on the navigable waters immediately prior to, ( printed page 27882) during, and immediately after the event. See 33 CFR 100.35(a).

Within the USCG East District, the Coast Guard has compiled many recurring SLRs in one regulation, 33 CFR 100.501. Within § 100.501, these SLRs are arranged in tables, organized by Captain of the Port Zone. We are now proposing to add three recurring marine events to the table for the Virginia Captain of the Port Zone. General provisions of § 100.501, such as definitions, controls on vessel movement, and Coast Guard contact information would apply to these SLRs. In past years, we had promulgated temporary final rules to address particular instances of one of these events. As we anticipate that these events will continue to occur annually for the foreseeable future, we are proposing a permanent SLR for each of the events.

The three events each involve high speed boat races. East River Fest is located on the East River at the Williams Wharf in Mathews, VA. The event is a boat docking contest sponsored by the Mathews Volunteer Fire Department. Multiple commercial workboats will compete to be the fastest boat to moor at designated boat slips at the Williams Wharf. Power Boats at the Park is located on the Elizabeth River Western Branch near Portsmouth City Park in Portsmouth, VA. The event is a high speed boat race sponsored by the Portsmouth Power Boat Association. Multiple vintage and historic recreational vessels will perform on a designated course, sometimes at a high rate of speed. Yorktown Battle of the Boats is located on the York River in the vicinity of the Coleman Bridge in Yorktown, VA. The event is a high speed boat race and a boat docking contest sponsored by the County of York. Multiple deadrise fishing boats will race on a predetermined race course as well as compete to be the fasted boat to moor up to mooring pilings at the Yorktown waterfront piers.

The COTP has determined that hazards associated with these events include personal injury and property damage which could result from collisions between vessels participating in the event, spectator vessels, and other non-participant vessels, such as transiting vessels. To mitigate against the risk that these hazards might occur, and under the authority of 46 U.S.C. 70041, the COTP is proposing to issue these SLRs.

III. Discussion of the Proposed Rule

The first proposed SLR would establish a regulated area which would be subject to enforcement on one Saturday in June or July of each year. This year, it would be subject to enforcement June 20, 2026, from 11 a.m. until 6 p.m. The SLR would be located on the East River and would encompass a small portion of the waterway around Williams Wharf in Mathews, VA.

The second proposed SLR would establish a regulated area which would be subject to enforcement on the second or third Saturday and Sunday of August of each year, beginning August 15-16, 2026, from 8 a.m. until 4 p.m. each day. The SLR would encompass the racing area located within a portion of the waters of the Elizabeth River Western Branch in Portsmouth, VA.

The third proposed SLR would establish a regulated area on the first Saturday and Sunday in June of each year, beginning June 6-7, 2026, from 11 a.m. until 6 p.m. each day. The event includes two regulated areas on the York River. The first regulated area would encompass a portion of the waters of the York River in the vicinity of the Coleman Bridge in Yorktown, VA on Saturday for a high speed boat race. The second regulated area would encompass a portion of the waters of the York River within the docking basin between the two Yorktown Waterfront Piers in Yorktown, VA on Sunday for a boat docking contest.

As the dates and times of the events are subject to change, the dates and times that the proposed SLRs would be subject to enforcement would also be subject to change, in accordance with existing regulatory text found in 33 CFR 100.501(g) and in the footnote to Table 1 to paragraph (i)(3) of § 100.501. In the event of a change, and where we have not provided for a specific date or dates, the Captain of the Port will provide notice to the public by publishing a Notification of Enforcement in the Federal Register , as well as, issuing a Broadcast Notice to Mariners. The footnote is provided beneath the table twice and we are also proposing to remove one of those duplicative footnotes.

The duration of the SLRs is intended to ensure the safety of vessels and these navigable waters before, during, and after each scheduled marine event. No vessel or person would be permitted to enter the special local regulation without obtaining permission from the COTP or a designated representative. The regulatory text we are proposing appears at the end of this document.

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. 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 for the following reasons.

Vessel traffic would be able to safely transit around the regulated areas which would be subject to the rules. This regulation would only impact a small area for a few hours. The enforcement periods would occur during times when vessel traffic is normally low. In addition, the Coast Guard will issue a Broadcast Notice to Marines via VHF FM marine channel 16, which will allow small entities to adjust their transit plans, and the rule allows vessels to request permission to enter the regulated area from the COTP.

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 proposed rule would economically affect it.

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Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this proposed rule will affect your small business, organization, or governmental jurisdiction and you have questions, contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards by calling 1-888-REG-FAIR (1-888-734-3247).

B. Collection of Information

This proposed rules would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

C. Federalism and Indian Tribal Governments

We have analyzed this proposed rule under Executive Order 13132, Federalism, and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in that Order.

Also, this proposed 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.

D. Unfunded Mandates Reform Act

As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), the Coast Guard certifies that this proposed rule would not result in an annual expenditure of $100,000,000 or more (adjusted for inflation) by a State, local, or tribal government, in the aggregate, or by the private sector.

E. Environment

We have analyzed these proposed rules 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 et seq.), 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 proposed rule is a special regulated area. It is categorically excluded from further review under paragraph L61.

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 at https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2026-0548 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 the docket. To view available documents, find the docket as described in the previous paragraph, and then select “Supporting & Related Material” in the Document Type column. We will post public comments in our online docket. Additional information is on the https://www.regulations.gov Frequently Asked Questions web page.

Personal information. We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have provided in the body of the docket submission. Contact information (such as email or mailing address), however, will not be available for public viewing unless the submitter includes that information in the body of the docket submission. 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).

For the reasons discussed in the preamble, the Coast Guard is proposing to amend 33 CFR part 100 as follows:

1. The authority citation for part 100 continues to read as follows:

Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

2. In § 100.501, amend table 3 to paragraph (i)(3) by removing the duplicate footnote 1 located beneath the table.

3. In § 100.501, amend table 3 to paragraph (i)(3) by adding entries for “East River Fest,” ” Power Boats at the Park,” and “Yorktown Battle of the Boats,” in alphabetical order to read as follows:

91 FR 27881