Rule2024-10863
Special Local Regulation; York River, Yorktown, VA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 17, 2024
Effective
June 2, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation for a portion of the navigable waters in the York River, in Yorktown, VA. The special local regulation is needed to protect personnel and vessels during the York River Workboat Races. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Virginia.
Full Text
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<title>Federal Register, Volume 89 Issue 97 (Friday, May 17, 2024)</title>
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[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Rules and Regulations]
[Pages 43314-43316]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10863]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[USCG-2024-0345]
RIN 1625-AA08
Special Local Regulation; York River, Yorktown, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for a portion of the navigable waters in the York River, in
Yorktown, VA. The special local regulation is needed to protect
personnel and vessels during the York River Workboat Races. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port, Sector Virginia.
DATES: This rule is effective from 11 a.m. until 3 p.m. on June 2,
2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2024-0345 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 Ashley Holm, Chief, Waterways Management Division,
Sector Virginia, U.S. Coast Guard; telephone 757-668-5580, email
<a href="/cdn-cgi/l/email-protection#96d7e5fefaf3efb8d3b8def9fafbd6e3e5f5f1b8fbfffa"><span class="__cf_email__" data-cfemail="115062797d74683f543f597e7d7c51646272763f7c787d">[email protected]</span></a>.
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
U.S.C. United States Code
II. Background Information and Regulatory History
The sponsor of the ``Yorktown Workboat Races,'' a high-speed boat
race to be held at the Yorktown waterfront, has applied for a permit to
conduct that event on June 2, 2024, as required by 33 CFR 100.15. After
the approval of such a permit, the Captain of the Port, Sector Virginia
(COTP) is authorized to promulgate such ``special local regulations''
as he or she deems necessary to ensure the safety of life on the
navigable waters immediately prior to, during, and immediately after
the event. See 33 CFR 100.35(a). This temporary rule embodies the
special local regulations the COTP deems necessary for this event.
The Coast Guard is issuing this temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory provision authorizes an agency to
issue a rule without prior notice and opportunity to comment when the
agency for good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it is impracticable
to publish an NPRM, provide a comment period, consider any comments
submitted, and publish a final regulation by June 2, 2024, when the
rule must be in effect to ensure the safety of life on the navigable
waters during the Workboat Race scheduled to take place then.
In addition, the Coast Guard finds that good cause exists under 5
U.S.C. 553(d)(3) for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to the public interest, as it is in the public interest to
have the rule in effect on June 2nd to ensure the safety of event
spectators, and those in support craft and other vessels transiting the
navigable waters
[[Page 43315]]
adjacent to the event. As noted below, advance notifications will be
made to affected users of the waterway via Broadcast Notice to Mariners
and Local Notice to Mariners.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP has determined that potential hazards associated with a
high-speed boat race on June 2, 2024, will be a safety concern for
anyone within the race area. This rule is needed to protect personnel
and vessels in the navigable waters within the special local regulation
during the event.
IV. Discussion of the Rule
This rule establishes a special local regulation from 11 a.m. until
3 p.m. on June 2, 2024. The special local regulation will cover all
navigable waters within the following latitude and longitude positions:
37[deg]14'21.6'' N, 76[deg]30'27.2'' W; 37[deg]14'23.5'' N,
76[deg]30'25.6'' W; 37[deg]14'10.4'' N, 76[deg]30'11.2'' W;
37[deg]14'13.3'' N, 76[deg]30'08.0'' W. The duration of the zone is
intended to protect personnel and vessels in these navigable waters
during a high-speed boat race. No vessel or person will be permitted to
enter the area subject to this special local regulation 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, and we
discuss First Amendment rights of protestors.
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, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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 will be able to safely transit around this special local
regulation which would impact a small, designated area of the York
River for four hours on a Sunday 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
In the spirit of 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 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.
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 only 4 hours that will prohibit entry
within the following latitude and longitude positions: 37[deg]14'21.6''
N, 76[deg]30'27.2'' W; 37[deg]14'23.5'' N, 76[deg]30'25.6'' W;
37[deg]14'10.4'' N, 76[deg]30'11.2'' W; 37[deg]14'13.3'' N,
76[deg]30'08.0'' W. 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. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 100
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
[[Page 43316]]
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.T599-0345 to read as follows:
Sec. 100.T599-0345 Special Local Regulation; York River, Yorktown, VA
(a) Regulated area[s]. The regulations in this section apply to the
following area: All waters of York River, from surface to bottom,
encompassed by a line connecting the following points: 37[deg]14'21.6''
N, 76[deg]30'27.2'' W; 37[deg]14'23.5'' N, 76[deg]30'25.6'' W;
37[deg]14'10.4'' N, 76[deg]30'11.2'' W; 37[deg]14'13.3'' N,
76[deg]30'08.0'' W. These coordinates are based on WGS84.
(b) 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 Sector Virginia
(COTP) in the enforcement of the regulations in this section.
Non-Participant means any person or and vessel not 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 COTP 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 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 11 a.m.
to 3 p.m. on June 2, 2024.
Dated: May 10, 2024.
J.A. Stockwell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2024-10863 Filed 5-16-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on May 17, 2024.
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