Special Local Regulation; York River, Yorktown, VA, 21221-21223 [2025-08865]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 90, Number 95 (Monday, May 19, 2025)]
[Rules and Regulations]
[Pages 21221-21223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08865]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2025-0262]
RIN 1625-AA08


Special Local Regulation; York River, Yorktown, VA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for 
certain waters on the York River in Yorktown, VA. This action is 
necessary to provide for the safety of life on these navigable waters 
during an annual high-speed boat race. This rulemaking prohibits 
persons and vessels from entering the regulated area when it is subject 
to enforcement unless authorized by the Captain of the Port, Sector 
Virginia or a designated representative.

DATES: This rule is effective June 1, 2025. It will only be subject to 
enforcement, however, on the first Sunday of June of each year, or as 
rescheduled, as provided in the rule.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0262 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

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

    On February 26, 2025, the Coast Guard received a request, under 33 
CFR 100.15, from the County of York, for a Marine Event Permit to host 
a high-speed boat race to be held on June 1, 2025, from noon until 2 
p.m., on the York River in Yorktown, VA. The sponsor plans to host this 
event annually thereafter, on the first Sunday of June. This year's 
high-speed boat race will include approximately 35 participants and 200 
spectator craft.
    On April 23, 2025, in response to the application, the Coast Guard 
published a notice of proposed rulemaking (NPRM) titled ``Special Local 
Regulation; York River, Yorktown, VA'' (90 FR 17024). There, we stated 
why we had issued the NPRM and we invited comments on our proposed 
regulatory action related to this SLR. During the comment period that 
ended May 8, 2025, we received 3 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 a high-speed 
boat race that will occur on June 1, 2025.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 46 
U.S.C. 70034. 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 racing area. The 
purpose of this rule is to ensure safety of vessels and the navigable 
waters in the regulated area before, during, and after the scheduled 
event.

IV. Discussion of Comments, Changes, and the Rule

    We received three submissions on our proposed rule, published April 
23, 2025. During the comment period, we also received a minor technical 
correction to the coordinates of the SLR from the event sponsor. The 
first submission was in favor of the proposed regulation, highlighting 
the need for additional safety measures during high-speed boat races in 
the area. The commenter stated that this rule would have minimal to no 
impact on businesses or recreational waterway users. The second 
submission was also in support of the regulation and stated that this 
rule will help to ensure the event will be protected from potential 
negative impacts.
    The third submission complained of a lack of specificity regarding 
the analysis of any impact on businesses that require passage through 
the restricted waters, regarding any alternate route those businesses 
would need to take, and regarding when, and how often the broadcast 
notice to mariners will be broadcasted. In response, we note that this 
event does not impede the navigable channel and that all vessels 
(including small boats and Naval vessels) would be able to navigate the 
York River during the event. The size of the regulated area is no more 
than 550 yards long by 200 yards wide, and there is ample water within 
the York River to transit around it. We therefore view the impact on 
vessels traveling around the regulated waters for two hours on a Sunday 
once a year as de minimis. The broadcast to mariners will be released 
two days prior to the event and can be read on the U.S. Coast Guard 
Navigation Center's website. In addition, it will be broadcasted over 
the VHF FM Channel 16 twice a day. And the U.S. Coast Guard Sector 
Virginia Command Center will read it over the VHF FM Channel 16 one 
hour prior to the event and every 30 minutes thereafter for the 
duration of the event. Furthermore, there will be a U.S. Coast Guard 
Patrol Commander on scene notifying all mariners of the regulated area.
    As the result of technical corrections provided by the event 
sponsor during the comment period, we have made minor changes to the 
coordinates provided in the NPRM. The difference in the coordinates is 
negligible and does not increase the size or significantly change the 
location of the regulated area from that described in the NPRM. We have 
included a chart showing the original and final location of the 
regulated area in the docket to illustrate how minor the changes are. 
To view it, go to https://www.regulations.gov, type USCG-2025-0262 in 
the search box and click ``Search.'' Next, look for this document in 
the Search Results column, and click on it. Then select ``Supporting & 
Related Material'' in the Document Type column. There are no other

[[Page 21222]]

changes in the regulatory text of this rule from the text of the 
proposed rule.
    This rule establishes a special local regulation which will be 
subject to enforcement from noon until 2 p.m. on June 1, 2025, and 
annually on the first Sunday in June in future years. The special local 
regulation will cover a portion of the York River in Yorktown, VA, on a 
designated, marked course. The coordinates of the regulated area are 
provided in the language of the rule, provided below. The duration of 
the enforcement period for the SLR zone was chosen to ensure the safety 
of vessels and these navigable waters before, during, and after the 
boat race, which is scheduled from noon to 2 p.m. this year. No vessel 
or person will be permitted to enter the regulated area without 
obtaining permission from the COTP or a designated representative. The 
SLR is incorporated into 33 CFR 100.501 and the general provisions of 
that rule apply to it.

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 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 
York River for no more than 2 hours a year, during a time when 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 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 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 
special local regulation 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 a 
special local regulation lasting 2 hours that would prohibit entry 
within a race 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.

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. In Sec.  100.501, amend table 3 to paragraph (i)(3) by adding an 
entry, in

[[Page 21223]]

alphabetical order, for ``York River Workboat Race'', to read as 
follows:


Sec.  100.501   Special Local Regulations; Marine Events Within the 
Fifth Coast Guard District.

* * * * *
    (i) * * *
    (3) * * *

                                           Table 3 to Paragraph (i)(3)
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                                                                         Enforcement \1\
              Event                          Regulated area                 period(s)              Sponsor
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                                                  * * * * * * *
York River Workboat Race.........  All navigable waters encompassed    First Sunday in      York County.
                                    by the following point:             June.
                                    37[deg]14'09.0'' N
                                    76[deg]30'11.0'' W;
                                    37[deg]14'13.2'' N,
                                    76[deg]30'07.2'' W;
                                    37[deg]14'24.0'' N,
                                    76[deg]30'21.6'' W;
                                    37[deg]14'20.4'' N,
                                    76[deg]30'25.2'' W.
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\1\ As noted, the enforcement dates and times for each of the listed events in this table are subject to change.
  In the event of a change, or for enforcement periods listed that do not allow a specific date or dates to be
  determined, the Captain of the Port will provide notice to the public by publishing a Notice of Enforcement in
  the Federal Register, as well as, issuing a Broadcaster Notice to Mariner.

* * * * *

    Dated: May 12, 2025.
Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port Sector Virginia.
[FR Doc. 2025-08865 Filed 5-16-25; 8:45 am]
BILLING CODE 9110-04-P