Proposed Rule2026-08902
Special Local Regulation; Neuse and Trent Rivers, New Bern, NC
Primary source
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Published
May 6, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a special local regulation (SLR) for certain navigable waters of the Neuse and Trent Rivers near New Bern, NC. The SLR is needed to protect personnel, vessels, and the marine environment from potential hazards during annual raft races in New Bern, NC. This proposed rulemaking would prohibit persons and vessels from being in the regulated area unless specifically authorized by the Captain of the Port, North Carolina. 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 24490-24492]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08902]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2026-0080]
RIN 1625-AA08
Special Local Regulation; Neuse and Trent Rivers, New Bern, NC
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 (SLR) for certain navigable waters of the Neuse and Trent
Rivers near New Bern, NC. The SLR is needed to protect personnel,
vessels, and the marine environment from potential hazards during
annual raft races in New Bern, NC. This proposed rulemaking would
prohibit persons and vessels from being in the regulated area unless
specifically authorized by the Captain of the Port, North Carolina. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 18, 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-2026-0080.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rule, contact MSTC Shawn Stanley, Sector North Carolina
Waterways Management Division, U.S. Coast Guard; telephone 571-607-
6971, or email <a href="/cdn-cgi/l/email-protection#1f6c777e68713168316c6b7e71737a662d5f6a6c7c7831727673"><span class="__cf_email__" data-cfemail="f3809b92849ddd84dd8087929d9f968ac1b386809094dd9e9a9f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port for the North Carolina Captain of the Port
Zone
[[Page 24491]]
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
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 for the North Carolina Captain of
the Port Zone (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 February 5, 2026, the Coast Guard received a marine permit
application from an organization wishing to sponsor a raft race on the
Neuse and Trent Rivers, near New Bern, NC on June 6, 2026, and on one
Saturday in June annually thereafter. The COTP has determined that
potential hazards associated with the presence of numerous participants
racing on rafts, and spectators within a concentrated area are a safety
concern for anyone within this congested area. Therefore, the COTP is
proposing this rule under the authority in 46 U.S.C. 70051 and 70124,
to protect people, vessels, and the marine environment in the navigable
waters within the area that would be regulated by the rule.
III. Discussion of the Rule
This proposed rule would amend Table 4 to paragraph (i)(4) of 33
CFR 100.501 to establish a special local regulation which would be
subject to enforcement from 10 a.m. until 4 p.m. on June 6, 2026 and on
one Saturday in June in subsequent years. As noted in paragraph (g) of
Sec. 100.501, if the event is held on an alternate date from that
listed in paragraph (i), the Coast Guard will publish a notice in the
Federal Register announcing the exact date and time of the enforcement
period with respect to the special local regulation in addition to
announcement in the Local Notices to Mariners and Broadcast Notice to
Mariners. The regulated area would cover all navigable waters of the
Neuse and Trent Rivers on a predetermined course near Union Point, in
New Bern, NC. No vessel or person 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 will only impact a predetermined course
for approximately six 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.
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-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 proposed rule is a special local regulation under 33 CFR
100.35. 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.
[[Page 24492]]
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-2026-0080 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, except that contact information (such as
email or mailing address) will not be available for public viewing,
unless the submitter includes that information in the body of the
docket submission. 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. In Sec. 100.501, amend Table 4 to paragraph (i)(4) by adding an
entry, following the entry for the event titled ``The Crossing,'' for
``The Great Trent River Raft Race'' to read as follows.
Sec. 100.501 Special Local Regulations; Marine Events Within the
Fifth Coast Guard District.
* * * * *
Table 4 to Paragraph (i)(4)
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Enforcement \1\
Event Regulated area period(s) Sponsor
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* * * * * * *
The Great Trent Raft Race.......... All navigable waters of the Any Saturday in June.. New Bern Area Chamber
Neuse and Trent River of Commerce.
encompassed by a line
connecting the following
points beginning at
35[deg]6.250' N
77[deg]2.067' W; thence to
35[deg]6.183' N
77[deg]2.083' W, thence to
35[deg]6.167' N
77[deg]2.217' W, thence to
35[deg]6.100' N
77[deg]2.233' W, thence to
35[deg]6.083' N
77[deg]2.017' W, thence to
35[deg]6.233' N
77[deg]1.983' W, and back
to the beginning point.
This area is near Union
Point in New Bern, NC.
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T.J. List,
Captain, U.S. Coast Guard, Captain of the Port, North Carolina COTP
Zone.
[FR Doc. 2026-08902 Filed 5-5-26; 8:45 am]
BILLING CODE 9110-04-P
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