Proposed Rule2026-08824
Special Local Regulation; East Passage, Narragansett Bay, Newport, RI
Primary source
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Published
May 6, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes revising regulations for a special local regulation (SLR) established to protect personnel, vessels, and the marine environment from potential hazards inherent in a recurring sailboat race with a starting point on navigable waters of the Narragansett Bay, in Newport, RI. These revisions would modify the precise location of the starting point and make other changes. As under the current rule, non-participating persons and vessels would be prohibited from being in the regulated area unless specifically authorized by the Captain of the Port, Sector Southeastern New England. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 91 Issue 87 (Wednesday, May 6, 2026)</title>
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[Federal Register Volume 91, Number 87 (Wednesday, May 6, 2026)]
[Proposed Rules]
[Pages 24492-24494]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08824]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-1107]
RIN 1625-AA08
Special Local Regulation; East Passage, Narragansett Bay,
Newport, RI
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes revising regulations for a special
local regulation (SLR) established to protect personnel, vessels, and
the marine environment from potential hazards inherent in a recurring
sailboat race with a starting point on navigable waters of the
Narragansett Bay, in Newport, RI. These revisions would modify the
precise location of the starting point and make other changes. As under
the current rule, non-participating persons and vessels would be
prohibited from being in the regulated area unless specifically
authorized by the Captain of the Port, Sector Southeastern New England.
We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 5, 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-2025-1107.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rule, contact MST2 Nicholas Easley, Sector Southeastern New
England Waterways Management Division, U.S. Coast Guard; telephone 401-
435-2335, or email <a href="/cdn-cgi/l/email-protection#622c0b010a0d0e03114c314c2703110e071b22171101054c0f0b0e"><span class="__cf_email__" data-cfemail="98d6f1fbf0f7f4f9ebb6cbb6ddf9ebf4fde1d8edebfbffb6f5f1f4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, Southeastern New England Captain of the
Port Zone
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
The Newport to Bermuda Race, established in 1906, is the world's
oldest regularly scheduled ocean race, according to the Bermuda Race
Foundation.\1\ This biennially occurring sailboat race will hold its
54th edition in June 2026. But while the Coast Guard has had
regulations governing the race area for decades,\2\ these regulations
have
[[Page 24493]]
not all been identical. In 2024, for instance, we published a temporary
final rule creating two alternative safety zones, the selection of
which was based on weather conditions on the day of the event.\3\ And,
on June 3, 2021, we amended the size and location of the starting areas
in 33 CFR 100.119, the rule we are proposing to amend now.\4\
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\1\ See <a href="https://bermudarace.com/foundation/stories/">https://bermudarace.com/foundation/stories/</a>.
\2\ See, e.g., 33 CFR 100.119 (1996).
\3\ See ``Safety Zone; Narragansett Bay, Newport, RI'' (89 FR
48844).
\4\ ``Special Local Regulation; East Passage, Narragansett Bay,
RI'' (86 FR 29691).
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On May 1, 2025, the event sponsor notified the Coast Guard that it
will be conducting a sailboat race in the East Passage of Narragansett
Bay, Newport, RI on June 19, 2026. The Captain of the Port,
Southeastern New England Captain of the Port Zone (COTP) has determined
that potential hazards associated with the sailboat race are a safety
concern for anyone attempting to transit within the East Passage.
Therefore, under the authority in 46 U.S.C. 70041, the COTP is
proposing this rule to protect personnel, vessels, and the marine
environment in the navigable waters within the regulated area. The
regulatory text we are proposing appears at the end of this document.
III. Discussion of the Rule
This proposed rule would revise a special local regulation at 33
CFR 100.119. The regulation is only subject to enforcement biennially,
for the third Friday or Saturday of June, in even-numbered years on a
date and times published in a ``Notification of Enforcement'' in the
Federal Register and in a Local Notice to Mariners. While the 2026
sailboat race will launch from the East Passage in Narragansett Bay
south of Rose Island, Newport, RI, similar to the 2024 sailboat race
starting locations, the coordinates of the regulated areas are
different from those currently in Sec. 100.119. The regulated area of
the special local regulations subject to enforcement would cover one of
two possible locations, depending on the weather. When the weather is
expected to be good, the regulated area subject to enforcement would
cover all navigable waters from an area just south of Rose Island near
Fort Adams. When inclement weather is expected, the regulated area will
cover all navigable waters near Brenton Point.
The proposed location of the Special Local Regulation is as
follows:
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]29'08'' N.......................... 071[deg]20'04'' W
41[deg]29'25'' N.......................... 071[deg]20'52'' W
41[deg]28'42'' N.......................... 071[deg]21'17'' W
41[deg]27'16'' N.......................... 071[deg]22'00'' W
41[deg]27'27'' N.......................... 071[deg]22'50'' W
41[deg]27'56'' N.......................... 071[deg]21'45'' W
------------------------------------------------------------------------
(2) In the event that weather conditions prohibit a safe race from
starting within the approach to Newport Harbor, the race will begin
offshore and the following regulated area applies (NAD 83):
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]26'04'' N.......................... 071[deg]22'16'' W
41[deg]25'36'' N.......................... 071[deg]21'58'' W
41[deg]25'22'' N.......................... 071[deg]22'39'' W
41[deg]25'49'' N.......................... 071[deg]22'56'' W
------------------------------------------------------------------------
The starting line will take place within one of the proposed
regulated areas and will be decided prior to the race pending current
weather conditions. The starting line box will be the restricted part
of the waterway within the regulated area and that exact location will
be broadcasted prior to the race start. The duration of the special
local regulation is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled sailboat race.
No vessel or person is permitted to enter the regulated area without
obtaining permission from the COTP or a designated representative. They
may be contacted on VHF-FM Channel 16 or by phone at 866-819-9128.
Persons and vessels permitted to enter this special local regulation
must transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or a designated representative. The COTP
or a designated representative will inform the public through Local
Notice to Mariners of the enforcement period for the special local
regulation as well as any changes in the planned schedule. 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 will be able to safely transit around this regulated
area. This regulation will only impact a small area for a few hours. 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.
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.
[[Page 24494]]
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 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-2025-1107 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 information 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, 4; 33 CFR 1.05-1.
0
2. Revise and republish Sec. 100.119 to read as follows:
Sec. 100.119 Special local regulation; East Passage, Narragansett
Bay, Newport, RI.
(a) Location. (1) Unless, as determined by the Captain of the Port,
weather conditions prohibit a safe race start within the approach to
Newport Harbor, the regulated area includes all waters of Narragansett
Bay, Newport, RI, within the points provided in Table 1 (NAD 83):
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]29'08'' N.......................... 071[deg]20'04'' W
41[deg]29'25'' N.......................... 071[deg]20'52'' W
41[deg]27'16'' N.......................... 071[deg]22'00'' W
41[deg]27'27'' N.......................... 071[deg]22'50'' W
------------------------------------------------------------------------
(2) In the event that weather conditions prohibit a safe race start
within the approach to Newport Harbor, the race will begin offshore and
the regulated area identified in Table 2 applies (NAD 83):
Table 1 to Paragraph (a)(2)
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
41[deg]26'04'' N.......................... 071[deg]22'16'' W
41[deg]25'36'' N.......................... 071[deg]21'58'' W
41[deg]25'22'' N.......................... 071[deg]22'39'' W
41[deg]25'49'' N.......................... 071[deg]22'56'' W
------------------------------------------------------------------------
(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, Southeastern New England Captain of the Port Zone
(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 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 (508) 457-3211.
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 subject to enforcement
biennially on a date and at times published in the Federal Register and
in the Local Notice to Mariners.
Y. Moon,
Captain, U.S. Coast Guard, Captain of the Port, Southeastern New
England Captain of the Port Zone.
[FR Doc. 2026-08824 Filed 5-5-26; 8:45 am]
BILLING CODE 9110-04-P
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