Proposed Rule2025-05907
Special Local Regulation, East River, Mathews, Virginia
Primary source
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Published
April 7, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a special local regulation for certain waters on the East River in Mathews, VA. This action is necessary to provide for the safety of life on these navigable waters during an annual "Wharf to Wharf Swim." 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.
Full Text
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<title>Federal Register, Volume 90 Issue 65 (Monday, April 7, 2025)</title>
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[Federal Register Volume 90, Number 65 (Monday, April 7, 2025)]
[Proposed Rules]
[Pages 14933-14935]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05907]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0156]
RIN 1625-AA08
Special Local Regulation, East River, Mathews, Virginia
AGENCY: Coast Guard, Department of Homeland Security.
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 East River in Mathews, VA. This
action is necessary to provide for the safety of life on these
navigable waters during an annual ``Wharf to Wharf Swim.'' 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 May 7, 2025.
ADDRESSES: You may submit comments, identified by docket number USCG-
2025-0156, using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="/cdn-cgi/l/email-protection#e6908f94818f888f87918792839491879f95a693958581c88b8f8a"><span class="__cf_email__" data-cfemail="4c3a253e2b2522252d3b2d38293e3b2d353f0c393f2f2b62212520">[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
PATCOM Patrol Commander
Sec. Section
SLR Special Local Regulation
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On January 2, 2025, the Coast Guard received a request, under 33
CFR 100.15, from the Mathews Outdoor Club, for a Marine Event Permit to
host a 1-mile long, open water swim to be held on August 16, 2025, from
10 a.m. until noon, in Mathews, VA. The club has indicated that it
plans to host this swim annually thereafter, on the third Saturday of
August. The open water swim will include approximately 50 participants
and 10 spectator craft.
Hazards which might arise from the open water swim include the
possibility that participants swimming within the navigable channel
might collide with or otherwise interfere with vessels operating in the
channel, as well as the possibility that participants swimming within
approaches to local public and private boat facilities might collide
with or otherwise interfere with boaters near those facilities. The
Captain of the Port, Sector Virginia (COTP) has determined that these
potential hazards associated would be a safety concern for anyone
intending to operate within the specified waters of the East River.
The COTP, after approving plans for the holding of a regatta or
marine parade within his or her district or 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 rulemaking is to protect
event participants, non-participants, and transiting vessels before,
during, and after the scheduled event by promulgating a SLR for the
annual event. The Coast Guard is proposing this rulemaking under
statutory authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP is proposing to establish a SLR which would be codified
within 33 CFR 100.501 (Special Local Regulations; Marine Events Within
the Fifth Coast Guard District). The SLR would be subject to
enforcement annually, from 9 a.m. to 1 p.m. on the third Saturday of
August. There is no alternate day planned for this event. Section
100.501 provides, however, that, in the case of inclement weather or
other just cause found by the respective COTP, an event may be
conducted within 30 days before or after the date(s) identified in the
SLR. See 33 CFR 100.501(g).
The proposed regulated area would be located on the East River, in
the vicinity of Williams Wharf Landing, in Mathews, VA, on a
designated, marked course between Hick's Wharf, and it would continue
across the East River, to the coastline directly across from Williams
Wharf. The coordinates of the regulated area are provided in the
language of the draft rule, provided below. The regulated area is
approximately 760 yards in length and 700 yards in width. 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 open water swim scheduled from 10 a.m. to
12 p.m. on the third Saturday of August annually. As provided in 33 CFR
100.501(d)(1), 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
vessel or person would be permitted to enter the regulated area without
obtaining permission from the COTP or Event PATCOM. 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
[[Page 14934]]
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 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 enforcement period of the
special local regulation. This special local regulation would impact a
small, designated area of the East River for only 2 hours one day a
year. Moreover, the Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the regulated area, and the
proposed rule would allow vessels to seek permission to enter the
regulated area.
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
SLR 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 this proposed rule would economically affect it.
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 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 regulated
area on certain waters of the East River that would prohibit entry
without permission from the designated PATCOM or COTP. 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 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. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2025-0156 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
[[Page 14935]]
``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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 e-Rulemaking
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 stated 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. In Sec. 100.501, amend table 3 to paragraph (i)(3) by adding, in
alphabetical order, the entry ``Mathews Wharf to Wharf Swim'' 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
Event Regulated area period(s) \1\ Sponsor
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* * * * * * *
Mathews Wharf to Wharf Swim...... All navigable waters encompassed by Third Saturday in Mathews Outdoor
the following points, in Mathews, August. Club.
Virginia: beginning at Hick's
Wharf at latitude 37[deg]24'34''
N, longitude 076[deg]20'56'' W,
thence east across the East River
to latitude 37[deg]24'34'' N,
longitude 076[deg]20'37'' W,
thence south encompassing all
shoreline to Williams Wharf at
latitude 37[deg]24'13'' N,
longitude 076[deg]20'49'' W,
thence west back across the East
River to latitude 37[deg]24'14''
N, longitude 076[deg]21'08'' W,
thence north along the shoreline
to the point of origin.
* * * * * * *
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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: March 28, 2025.
Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port Sector Virginia.
[FR Doc. 2025-05907 Filed 4-4-25; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.