Special Local Regulation; Elizabeth River, Western Branch, Portsmouth, VA, 21252-21254 [2025-08858]

Download as PDF 21252 Federal Register / Vol. 90, No. 95 / Monday, May 19, 2025 / Proposed Rules DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2025–0404] RIN 1625–AA08 Special Local Regulation; Elizabeth River, Western Branch, Portsmouth, VA Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard is proposing to establish a special local regulation for certain waters on the Western Branch of the Elizabeth River in Portsmouth, VA. This action is necessary to provide for the safety of life on these navigable waters during a high-speed boat race. This proposed rulemaking would prohibit persons and vessels from entering the regulated area unless authorized by the Captain of the Port, Sector Virginia 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 3, 2025. ADDRESSES: You may submit comments identified by docket number USCG– 2025–0404 using the Federal DecisionMaking 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, 100word-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 virginiawaterways@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: lotter on DSK11XQN23PROD with PROPOSALS1 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 § Section SLR Special Local Regulation U.S.C. United States Code II. Background, Purpose, and Legal Basis On February 12, 2025, the Coast Guard received a request, under 33 CFR VerDate Sep<11>2014 16:07 May 16, 2025 Jkt 265001 100.15, from the Portsmouth Power Boating Association, for a Marine Event Permit to host a high-speed boat race to be held on August 9–10, 2025, from 10 a.m. until 4 p.m. each day, on the Western Branch of the Elizabeth River in Portsmouth, VA. The high-speed boat race will include approximately 35 participants and 50 spectator craft. 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 race area of the Western Branch of the Elizabeth River. A Captain of the Port (COTP), 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 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. The purpose of this proposed rulemaking is to protect event participants, non-participants, and transiting vessels before, during, and after the scheduled event. We are providing a comment period of 15 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 August 9, 2025, when the event will occur. The Coast Guard is proposing this rulemaking under statutory authority in 46 U.S.C. 70041. III. Discussion of Proposed Rule The proposed regulated area is located on the Western Branch of the Elizabeth River, in Portsmouth, VA, on a designated, marked course. The coordinates of the regulated area are provided in the text of the proposed rule. That text appears at the end of this document. The proposed enforcement period for the rule and the size of the regulated area have been chosen to ensure the safety of life on these navigable waters before, during, and after the high-speed boat race, which is scheduled from 10 a.m. to 4 p.m. each day on August 9–10, 2025. The COTP and Coast Guard Event Patrol Commander (PATCOM) would have authority to forbid and control the movement of all vessels and persons, including event participants, in the regulated area. No nonparticipant vessel or person would be permitted to enter the regulated area without obtaining permission from the COTP or Event PATCOM. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 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. 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 NPRM has not been designated a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866. Accordingly, the NPRM 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 Western Branch of the Elizabeth River for 2 days, in a location where 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 proposed 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 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 special local regulation 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 E:\FR\FM\19MYP1.SGM 19MYP1 Federal Register / Vol. 90, No. 95 / Monday, May 19, 2025 / Proposed Rules this rulemaking would economically affect it. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offer 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). lotter on DSK11XQN23PROD with PROPOSALS1 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 VerDate Sep<11>2014 16:07 May 16, 2025 Jkt 265001 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 a special local regulation lasting 2 days that would prohibit entry within a race area. 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. A preliminary 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. 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–2025–0404 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, PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 21253 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 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). 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 1. The authority citation for part 100 continues to read as follows: ■ Authority: 46 U.S.C. 70041; 33 CFR 1.05– 1. 2. Add § 100.T05–0404 to read as follows: ■ § 100.T05–0404 Special Local Regulation; Western Branch of the Elizabeth River, Portsmouth, VA. (a) Regulated area. The regulations in this section apply to the following area: All waters of Western Branch of the Elizabeth River, from surface to bottom, encompassed by a line connecting the following points 36°50′15.0″ N, 076°22′32.0″ W; 36°50′12.0″ N, 076°22′34.0″ W; 36°50′06.06″ N, 076°22′30.0″ W; 36°50′03.0″ N, 076°21′56.0″ W; 36°50′09.0″ N, 076°21′52.0″ W; 36°50′12.0″ N, 076°21′54.0″ W. These coordinates are based on World Geodetic System (WGS) 84 coordinates. (b) Definitions. As used in this section: E:\FR\FM\19MYP1.SGM 19MYP1 21254 Federal Register / Vol. 90, No. 95 / Monday, May 19, 2025 / Proposed Rules 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 race. (c) Regulations. (1) All nonparticipants 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 Event PATCOM or official patrol vessel may forbid and control the movement of all persons and vessels in the regulated area(s). 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 area, citation for failure to comply, or both. (4) 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 10 a.m. to 4 p.m. on each day, August 9–10, 2025. Dated: May 8, 2025. Peggy M. Britton, Captain, U.S. Coast Guard, Captain of the Port Sector Virginia. [FR Doc. 2025–08858 Filed 5–16–25; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 lotter on DSK11XQN23PROD with PROPOSALS1 [EPA–R05–OAR–2024–0537; EPA–R05– OAR–2024–0538; EPA–R05–OAR–2024– 0539; FRL–12534–01–R5] Air Plan Approval; Ohio; Second Maintenance Plan for 2008 Ozone NAAQS Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: VerDate Sep<11>2014 16:07 May 16, 2025 Jkt 265001 The Environmental Protection Agency (EPA) is proposing to approve revisions to the Ohio State Implementation Plan (SIP). On November 6, 2024, the Ohio Environmental Protection Agency (Ohio EPA) submitted the state’s plans for maintaining the 2008 ozone National Ambient Air Quality Standard (NAAQS or standard) in the Columbus, Ohio; Cleveland-Akron-Lorain, Ohio; and Cincinnati, Ohio-Kentucky-Indiana areas. EPA is proposing to approve these maintenance plans because they provide for the maintenance of the 2008 ozone NAAQS for each area for 10 additional years as required by the Clean Air Act (CAA). EPA is also initiating the adequacy review process for motor vehicle emission budgets (Budgets) for each area. This action, if finalized, would make certain commitments related to maintenance of the 2008 ozone NAAQS in these areas federally enforceable as part of the Ohio SIP. DATES: Comments must be received on or before June 18, 2025. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2024–0537 (Cincinnati); EPA– R05–OAR–2024–0538 (ClevelandAkron-Lorain), EPA–R05–OAR–2024– 0539 (Columbus) at https:// www.regulations.gov, or via email to langman.michael@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from the docket. EPA may publish any comment received to its public docket. Do not submit to EPA’s docket at https://www.regulations.gov any information you consider to be Confidential Business Information (CBI), Proprietary Business Information (PBI), or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI, PBI, or multimedia submissions, and general guidance on making effective comments, please visit https:// www.epa.gov/dockets/commenting-epadockets. SUMMARY: PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 FOR FURTHER INFORMATION CONTACT: Delaney Kilgour, Air and Radiation Division (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–1106, kilgour.delaney@epa.gov. The EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: I. Summary of EPA’s Proposed Action II. Background III. EPA’s Evaluation of Ohio’s SIP Submittal A. Second Maintenance Plan B. Transportation Conformity IV. What action is EPA taking? V. Statutory and Executive Order Reviews I. Summary of EPA’s Proposed Action EPA is proposing to approve, as revisions to the Ohio SIP, the 2008 ozone NAAQS maintenance plans for the Columbus, Cleveland-Akron-Lorain, and Cincinnati Ohio-Kentucky-Indiana areas. The Columbus area includes Delaware, Fairfield, Franklin, Knox, Licking, and Madison Counties in Ohio. The Cleveland-Akron-Lorain area includes Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit Counties in Ohio. The Cincinnati area includes Butler, Clermont, Clinton, Hamilton, and Warren Counties in Ohio, part of Dearborn County in Indiana, and parts of Boone, Campbell, and Kenton Counties in Kentucky. The maintenance plans are designed to keep the Columbus area in attainment of the 2008 ozone NAAQS through 2036, and the Cleveland-Akron-Lorain and Cincinnati areas in attainment of the 2008 ozone NAAQS through 2037. II. Background Ground-level ozone is formed when nitrogen oxides (NOX) and volatile organic compounds (VOC) react in the presence of sunlight. These two pollutants are referred to as ozone precursors. Scientific evidence indicates that adverse public health effects occur following exposure to ozone. On March 12, 2008, under section 109 of the CAA, EPA promulgated a revised primary and secondary 8-hour ozone NAAQS of 0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under EPA’s regulations at 40 CFR part 50, the 2008 ozone NAAQS is attained in an area when the 3-year average of the annual fourth highest daily maximum 8-hour average concentration is equal to or less than E:\FR\FM\19MYP1.SGM 19MYP1

Agencies

[Federal Register Volume 90, Number 95 (Monday, May 19, 2025)]
[Proposed Rules]
[Pages 21252-21254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08858]



[[Page 21252]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2025-0404]
RIN 1625-AA08


Special Local Regulation; Elizabeth River, Western Branch, 
Portsmouth, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a special local 
regulation for certain waters on the Western Branch of the Elizabeth 
River in Portsmouth, VA. This action is necessary to provide for the 
safety of life on these navigable waters during a high-speed boat race. 
This proposed rulemaking would prohibit persons and vessels from 
entering the regulated area unless authorized by the Captain of the 
Port, Sector Virginia 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 3, 2025.

ADDRESSES: You may submit comments identified by docket number USCG-
2025-0404 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

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, Purpose, and Legal Basis

    On February 12, 2025, the Coast Guard received a request, under 33 
CFR 100.15, from the Portsmouth Power Boating Association, for a Marine 
Event Permit to host a high-speed boat race to be held on August 9-10, 
2025, from 10 a.m. until 4 p.m. each day, on the Western Branch of the 
Elizabeth River in Portsmouth, VA. The high-speed boat race will 
include approximately 35 participants and 50 spectator craft.
    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 race area of the Western Branch of 
the Elizabeth River. A Captain of the Port (COTP), 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 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. The purpose of this proposed 
rulemaking is to protect event participants, non-participants, and 
transiting vessels before, during, and after the scheduled event.
    We are providing a comment period of 15 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 August 9, 
2025, when the event will occur. The Coast Guard is proposing this 
rulemaking under statutory authority in 46 U.S.C. 70041.

III. Discussion of Proposed Rule

    The proposed regulated area is located on the Western Branch of the 
Elizabeth River, in Portsmouth, VA, on a designated, marked course. The 
coordinates of the regulated area are provided in the text of the 
proposed rule. That text appears at the end of this document. The 
proposed enforcement period for the rule and the size of the regulated 
area have been chosen to ensure the safety of life on these navigable 
waters before, during, and after the high-speed boat race, which is 
scheduled from 10 a.m. to 4 p.m. each day on August 9-10, 2025.
    The COTP and Coast Guard Event Patrol Commander (PATCOM) would have 
authority to forbid and control the movement of all vessels and 
persons, including event participants, in the regulated area. No 
nonparticipant vessel or person would be permitted to enter the 
regulated area without obtaining permission from the COTP or Event 
PATCOM.

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. 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 NPRM has not been designated a ``significant 
regulatory action'' under section 3(f) of Executive Order 12866. 
Accordingly, the NPRM 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 
Western Branch of the Elizabeth River for 2 days, in a location where 
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 proposed 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 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 
special local regulation 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

[[Page 21253]]

this rulemaking would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer 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 a special 
local regulation lasting 2 days that would prohibit entry within a race 
area. 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. A preliminary 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. 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-2025-0404 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 
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).

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.T05-0404 to read as follows:


Sec.  100.T05-0404   Special Local Regulation; Western Branch of the 
Elizabeth River, Portsmouth, VA.

    (a) Regulated area. The regulations in this section apply to the 
following area: All waters of Western Branch of the Elizabeth River, 
from surface to bottom, encompassed by a line connecting the following 
points 36[deg]50'15.0'' N, 076[deg]22'32.0'' W; 36[deg]50'12.0'' N, 
076[deg]22'34.0'' W; 36[deg]50'06.06'' N, 076[deg]22'30.0'' W; 
36[deg]50'03.0'' N, 076[deg]21'56.0'' W; 36[deg]50'09.0'' N, 
076[deg]21'52.0'' W; 36[deg]50'12.0'' N, 076[deg]21'54.0'' W. These 
coordinates are based on World Geodetic System (WGS) 84 coordinates.
    (b) Definitions. As used in this section:

[[Page 21254]]

    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 race.
    (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 Event PATCOM or official patrol vessel may forbid and 
control the movement of all persons and vessels in the regulated 
area(s). 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 
area, citation for failure to comply, or both.
    (4) 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 10 a.m. 
to 4 p.m. on each day, August 9-10, 2025.

    Dated: May 8, 2025.
Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port Sector Virginia.
[FR Doc. 2025-08858 Filed 5-16-25; 8:45 am]
BILLING CODE 9110-04-P
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