Proposed Rule2026-02750
Special Local Regulation; Elizabeth River Western Branch, Portsmouth, VA
Primary source
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Published
February 11, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary special local regulation (SLR) for certain navigable waters of the Elizabeth River Western Branch. The SLR is needed to protect personnel, vessels, and the marine environment from potential hazards created by a boat race. This proposed rulemaking would prohibit persons and vessels from being in the regulated area unless specifically authorized by the Captain of the Port, Sector Virginia. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 91 Issue 28 (Wednesday, February 11, 2026)</title>
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[Federal Register Volume 91, Number 28 (Wednesday, February 11, 2026)]
[Proposed Rules]
[Pages 6153-6155]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02750]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2026-0086]
RIN 1625-AA08
Special Local Regulation; Elizabeth River Western Branch,
Portsmouth, VA
AGENCY: Coast Guard, Department of Homeland Security.
[[Page 6154]]
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation (SLR) for certain navigable waters of the Elizabeth
River Western Branch. The SLR is needed to protect personnel, vessels,
and the marine environment from potential hazards created by a boat
race. This proposed rulemaking would prohibit persons and vessels from
being in the regulated area unless specifically authorized by the
Captain of the Port, Sector Virginia. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before March 13, 2026.
ADDRESSES: To submit comments and view available documents, go to
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0086.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rule, contact LCDR Justin Z. Strassfield, Sector Virginia
Waterways Management Division, U.S. Coast Guard; by phone, at (206)
815-7367, or by email, at <a href="/cdn-cgi/l/email-protection#02546b70656b6c6b6355637b677075637b7142777161652c6f6b6e"><span class="__cf_email__" data-cfemail="ca9ca3b8ada3a4a3ab9dabb3afb8bdabb3b98abfb9a9ade4a7a3a6">[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
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).
On December 3, 2025, the American Society of Naval Engineers
applied for a permit to race manned and unmanned vessels in the
Elizabeth River Western Branch, in Portsmouth, VA on April 15-16, 2026.
Hazards from vessels racing in the federal navigation channel include
collisions with participating and nonparticipating vessels. The COTP
has determined that potential hazards associated with the boat race are
a safety concern for anyone within the channel of the Elizabeth River
Western Branch between Western Branch Buoy 13 (LLNR 9785) and Western
Branch Daybeacon 11 (LLNR 9780). Therefore, the COTP is proposing this
rule under the authority in 46 U.S.C. 70041, to protect personnel,
vessels, and the marine environment in the navigable waters within the
regulated area.
III. Discussion of the Rule
This proposed rule would establish an SLR. on April 15-16, 2026.
The regulated area, which would be subject to enforcement from 8 a.m.
until 3 p.m. on each of those two days, would cover all navigable
waters within the channel of the Elizabeth River Western Branch between
Western Branch Buoy 13 (LLNR 9785) and Western Branch Daybeacon 11
(LLNR 9780). No vessel or person not registered with the event sponsor
as a participant in the race would be permitted to enter the regulated
area without obtaining permission from the COTP or their designated
representative. 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 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 would not have a significant economic impact on a
substantial number of small entities for the following reasons.
Vessel traffic would be able to safely transit around this
regulated area. This regulation would only impact a small area for 2
days. The enforcement period is during a time when vessel traffic is
normally low and in a low traffic area. In addition, the Coast Guard
would issue a Broadcast Notice to Marines via VHF FM marine channel 16,
which would allow small entities to adjust their transit plans, and the
rule allows vessels to request permission to enter the regulated area
from the COTP.
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), if this proposed 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 proposed 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 proposed 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 proposed 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 proposed rule will not
result in an annual expenditure of $100,000,000
[[Page 6155]]
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 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
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 proposed rule is a special regulated area. It is categorically
excluded from further review under paragraph L61.
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 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-2026-0086 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 the docket. To view available documents, find
the docket as described in the previous paragraph, and then select
``Supporting & Related Material'' in the Document Type column. We will
post public comments in our online docket. Additional information is on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page.
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 eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing 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.T05-0086 to read as follows:
Sec. 100.T05-0086 Special local regulation; Elizabeth River Western
Branch, Portsmouth, VA.
(a) Location. The following area is a regulated area: All waters of
the Elizabeth River Western Branch federal navigation channel, from
surface to bottom, between Western Branch Buoy 13 (LLNR 9785) and
Western Branch Daybeacon 11 (LLNR 9780).
(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
regulated area. Participant means all persons and vessels 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, Sector Virginia (COTP) or their
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on VHF-FM channel 16 or by telephone at 877-722-5727.
Those in the special regulated area must comply with all lawful orders
or directions given to them by the COTP or the COTP's 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 8 a.m.
to 3 p.m. on April 15, 2026 and April 16, 2026.
Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2026-02750 Filed 2-10-26; 8:45 am]
BILLING CODE 9110-04-P
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