Special Local Regulation; Marine Events Within the USCG East District

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, 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 will 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 establishing 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 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.

On May 15, 2026, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Special Local Regulation; Marine Events Within the USCG East District (91 FR 27881). In that NPRM, we stated why we issued the NPRM and invited comments on our proposed regulatory action related to these high speed boat races.

The COTP has determined that a rule is necessary to protect personnel, vessels, and the marine environment from potential hazards associated with the high speed boat races. The COTP is issuing this rule under the authority of 46 U.S.C. 70041. Under this rule, no vessel or person will be permitted to enter the special local regulation without obtaining permission from the COTP or their designated representative.

The Coast Guard finds that under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the Federal Register because it is impracticable to do so if the rule is to be in effect by June 6, 2026, the date this year's Yorktown Battle of the Boats is scheduled to occur.

III. Discussion of Comments and the Rule

During the comment period that ended on May 20, 2026, we did not receive any comments. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM.

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

The second proposed SLR will establish a regulated area which will 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 will encompass the racing area located within a portion of the waters of the Elizabeth River Western Branch in Portsmouth, VA.

The third proposed SLR will 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 will 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 will 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.

No vessel or person will be permitted to enter the special local regulation without obtaining permission from the COTP or a designated representative.

IV. 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. 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 will not have a significant economic impact on a substantial number of small entities for the following reasons.

Vessel traffic will be able to safely transit around the regulated areas which will be subject to the rules. This regulation will only impact a small area for a few hours. The enforcement periods will 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.

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this 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 rule will 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 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 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 rule will 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 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 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 rule is a special local regulation. 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.

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

PART 100-SAFETY OF LIFE ON NAVIGABLE WATERS