Rule2026-10159
Special Local Regulation; Lower Chesapeake Bay, Hampton Roads, and the Elizabeth River, Virginia
Primary source
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Published
May 21, 2026
Effective
June 16, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary Special Local Regulation (SLR) for certain navigable waters of the lower Chesapeake Bay, Hampton Roads, and the Elizabeth River, before, during, and after a series of events centering on a global gathering of tall ships and military ships to celebrate the 250th Anniversary of the United States. This SLR is needed to protect personnel, vessels, and marine environment from potential hazards created by the presence of a parade of ships, fireworks, and other events that will attract large crowds of spectating vessels and result in extremely congested waters.
Full Text
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<title>Federal Register, Volume 91 Issue 98 (Thursday, May 21, 2026)</title>
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[Federal Register Volume 91, Number 98 (Thursday, May 21, 2026)]
[Rules and Regulations]
[Pages 29905-29909]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10159]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2026-0225]
RIN 1625-AA08
Special Local Regulation; Lower Chesapeake Bay, Hampton Roads,
and the Elizabeth River, Virginia
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary Special Local
Regulation (SLR) for certain navigable waters of the lower Chesapeake
Bay,
[[Page 29906]]
Hampton Roads, and the Elizabeth River, before, during, and after a
series of events centering on a global gathering of tall ships and
military ships to celebrate the 250th Anniversary of the United States.
This SLR is needed to protect personnel, vessels, and marine
environment from potential hazards created by the presence of a parade
of ships, fireworks, and other events that will attract large crowds of
spectating vessels and result in extremely congested waters.
DATES: This rule is effective June 16, 2026 through June 21, 2026.
ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0225.
FOR FURTHER INFORMATION CONTACT: If you have questions about this 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#4b1d22392c2225222a1c2a322e393c2a32380b3e38282c65262227"><span class="__cf_email__" data-cfemail="12447b60757b7c7b7345736b776065736b6152676171753c7f7b7e">[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 January 13th, 2026, the event sponsor of ``Sail250[supreg]
Virginia'' submitted an application under 33 CFR 100.15 to conduct
`Tall Ship Parade of Sail' on June 19th, 2026. Sail250[supreg]Virginia
is part of Sail250[supreg], a series of events which celebrates the
250th anniversary of the United States of America,\1\ and which has
been designated as a Marine Event of National Significance under Coast
Guard regulations (46 CFR 26.03-8).\2\
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\1\ Among this series of events is a multiport tall ships tour,
which includes the ports of New Orleans, LA; Norfolk, VA; Baltimore,
MD; New York City, NY, and Boston, MA. Additional information about
Sail250[supreg] can be found at <a href="https://www.sail250.org/">https://www.sail250.org/</a>.
\2\ Typically, events so designated draw a large number of tall
ships (sailing vessels) or other traditional ships from around the
world, with an underlying purpose to promote maritime heritage,
cultural heritage, and international goodwill. The participants
usually include a broad mix of U.S. and foreign-flag vessels,
including public vessels and ships of war, commercial vessels and
recreational vessels, or yachts.
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The Virginia event, Sail250[supreg] Virginia, is being held from
June 19th, 2026, through June 23rd, 2026, with participating tall ships
mooring in various berths throughout Norfolk, VA. It will commence with
the arrival and anchoring of 60 tall ships and military vessels at
Anchorage ``B'' in Lynnhaven, Virginia Beach, VA on June 16th, 2026. We
have included a graphic below entitled ``Parade of Sail'' which
illustrates the location of the anchoring along with the route the tall
ships will use beginning in the Thimble Shoal Channel.
In addition to the Sail250[supreg] Virginia `Tall Ship Parade of
Sail' into Norfolk, VA on June 19th, 2026, there will be fireworks
displays on June 19th and June 20th, 2026, and an alternate weather day
scheduled June 21st, 2026, for which we create a temporary regulated
area. To illustrate that area, we have included a separate graphic
below entitled ``Fireworks'' which will encompass a zone within
Norfolk, Virginia on the Elizabeth River.
Sail250Virginia[supreg] and the fireworks display present potential
hazards. Hazards during the parade of sail include limited
maneuverability due to the likely high concentration of spectators and
participant vessels, with an increased likelihood of potential
collisions. Hazards from fireworks displays include the accidental
discharge of fireworks, and the chance that people or vessels may be
hit by dangerous projectiles, falling hot embers, or other debris. The
COTP has therefore determined these regulations are necessary to ensure
the safety of the `Sail250[supreg] Virginia' registered participants
and spectators, and their vessels while operating in and around the
Port of Virginia before, during, and after the scheduled events are
completed. The Coast Guard is establishing this rulemaking under
authorities in 46 U.S.C. 70041; 33 CFR 1.05-1.
As is authorized by 5 U.S.C. 553(b)(B), 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, given the
amount of time we have before the rule must be in place.
For the same reasons, the Coast Guard finds that under 5 U.S.C.
553(d)(3), good cause exists for making this rule effective less than
30 days after publication in the Federal Register.
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III. Discussion of the Rule
This rule, containing restrictions which will only be subject to
enforcement at various specified times between June 16th, 2026, through
June 21st, 2026, establishes a ``Tall Ship Staging Area,'' ``Spectator
Areas,'' and a ``Parade Regulated Area'' for tall ships participating
in the `Sail250[supreg] Virginia Tall Ship Parade of Sail'. The
``Parade Regulated Area'' encompasses the navigational channel between
Thimble Shoal Channel Buoys ``3'' and ``4'' until the end of the parade
route at Town Point Reach. Restrictions are subject to enforcement in
the ``Tall Ship Staging Area'' from 6 a.m. June 16th to 2:30 p.m. on
June 19th. Restrictions in the ``Parade Regulated Area'' and in the
``Spectator Areas'' are subject to enforcement from 5 a.m. until 5 p.m.
on June 19th.
The rule includes two buffer zones. A stationary 25-yard buffer
zone exists around all Tall Ships while within Lynnhaven Anchorage
(from June 16th, 2026, through June 19th, 2026). Additionally, a moving
buffer zone 1,000-yards ahead, 50-yards abeam, 50-
[[Page 29908]]
yards astern of participating Tall Ships exists during their transit
from anchorage to and through the parade route, when registered
participants will depart Lynnhaven Anchorage to begin the parade route
within Thimble Shoal Channel and end in Norfolk Harbor on June 19th,
2026.
Under existing authority provided in 33 CFR 165.501, the auxiliary
channels of the Thimble Shoal Channel will be designated for support
vessels under COTP or designated representatives' authority during the
Tall Ship Parade of Sail. Mariners may not loiter within the auxiliary
channels, nor impede safety vessels.
In addition to the regulated area for the ships, the rule
establishes a second regulated area for the Juneteenth/Sail250[supreg]
Virginia Fireworks Extravaganza on June 19th, 2026, and Sail250[supreg]
Virginia/Norfolk Harborfest Fireworks Spectacular on June 20th, 2026,
from 9 p.m. to 10:30 p.m. on the Elizabeth River on the Downtown
Norfolk Waterfront, with an alternate weather day scheduled for June
21st, from 9 p.m. to 10:30 p.m. in the event of rain.
Based on information from the event sponsor and regional maritime
stakeholders, we determined that vessel control measures that direct
non-participants (as defined at 33 CFR 100.501(b)) into designated
spectator areas near the beginning and end of the parade of sail will
enhance navigational safety. Vessels intending to observe the parade of
sail will be encouraged to utilize Anchorage ``C'', ``E'', ``F'' and
``N'' as spectator areas to reduce the impact of spectator congestion
on the rest of the local marine transportation system. Vessels may not
utilize Anchorage ``G-3'' and ``G-4'' during the Parade of Sail on June
19th, 2026. The regulatory text we are establishing appears at the end
of this document.
In summary, and based on the latest Sail250 Virgina schedule of
events, we are establishing regulations which include:
1. A special local regulated area, `Parade Regulated Area,' the
transit route to be used for Tall Ship Parade of Sail. (Prior to the
parade, participating ships would make use of (existing) Anchorage
``B'' and Lynnhaven Anchorage. There will be buffer zones around each
registered Tall Ship while anchored in Lynnhaven and while transiting
into Norfolk, VA.)
2. A special local regulated area for fireworks events scheduled to
occur June 19th and 20th, with an alternate date scheduled for the
21st.
3. Designated spectator areas--Anchorage ``C'', ``E'', ``F'' and
``N'' for the `Parade of Sail' and Fireworks
IV. 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.
A. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this 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). 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.
B. 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).
C. Federalism and Indian Tribal Governments
We have analyzed this 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 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 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 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 rule is a special local regulation. 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.
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security Measures, Waterways.
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, 4; 33 CFR 1.05-1.
0
2. Add Sec. 100.T599-0225 to read as follows:
Sec. 100.T599-0225 Special Local Regulation; Sail250[supreg]
Virginia, Norfolk, VA.
(a) Locations. The following locations are special regulated areas:
(1) Parade regulated area. All waters of the Thimble Shoal Channel
bounded by line drawn from Thimble Shoal Channel ``3'' Buoy latitude
36[deg]57'32.5'' N, longitude 076[deg]3'40.3'' W to Thimble Shoal
Channel ``4'' Buoy latitude 36[deg]57'46.3'' N, longitude
076[deg]3'34.4'' W to a point North West of ``1ER'' Buoy at latitude
36[deg]59'23.5'' N, longitude 076[deg]18'50.3'' W, to Norfolk Harbor
Reach ``1ER'' Buoy latitude 36[deg]59'16.2'' N, longitude
076[deg]18'41.4'' W to Town Point Reach at points latitude
36[deg]50'20.6'' N, longitude 76[deg]17'43.1'' W and latitude
36[deg]50'19.9'' N, longitude
[[Page 29909]]
76[deg]17'28.7'' W. These coordinates are based on the World Geodetic
System (WGS 84).
(2) Fireworks regulated area. All waters of the Elizabeth River and
its branches from shoreline to shoreline, bounded to the northwest by a
line drawn across the Port Norfolk Reach section of the Elizabeth River
between the Portsmouth, VA shoreline at latitude 36[deg]50'56.1'' N,
longitude 076[deg]18'44.3'' W, and the Norfolk, VA shoreline at
latitude 36[deg]51'18.8'' N, longitude 076[deg]18'22.0'' W; bounded on
the southwest by a line drawn from the southern corner of the landing
at Hospital Point, Portsmouth, VA, at latitude 36[deg]50'50.9'' N,
longitude 076[deg]18'07.7'' W, to the northern end of the eastern most
pier at the Tidewater Yacht Agency Marina, located at latitude
36[deg]50'33.6'' N, longitude 076[deg]17'54.1'' W; bounded to the south
by a line drawn across the Lower Reach of the Southern Branch of the
Elizabeth River, between the Portsmouth Lightship Museum located at the
foot of London Boulevard, in Portsmouth, VA at latitude
36[deg]50'13.2'' N, longitude 076[deg]17'44.8'' W, and the northwest
corner of the Norfolk Shipbuilding & Drydock, Berkley Plant, Pier No.
1, located at latitude 36[deg]50'08.8'' N, longitude 076[deg]17'37.5''
W; and to the southeast by the Berkley Bridge which crosses the Eastern
Branch of the Elizabeth River between Berkley at latitude
36[deg]50'21.5'' N, longitude 076[deg]17'14.5'' W, and Norfolk at
latitude 36[deg]50'35'' N, longitude 076[deg]17'10'' W. These
coordinates are based on the World Geodetic System (WGS 84).
(3) Spectator areas. All waters of Anchorage C, identified in 33
CFR 110.168(a)(2)(ii), Anchorage E identified in 33 CFR
110.168(a)(2)(iv), Anchorage F identified in 33 CFR 110.168(a)(3), and
Anchorage N, identified in 33 CFR 110.168(a)(5)(ii), shall be
designated approved spectator areas as described in 33 CFR
100.501(d)(4) during the enforcement of the parade of sail regulated
area. Non-participants intending to view Sail250 events will be
directed by the PATCOM into these areas to reduce the impact of the
marine event on areas adjacent to but not inside the regulated areas.
Mariners may not utilize Anchorage G, identified in 33 CFR
110.168(3)(vi) and (vii), for any reason for the duration of the Parade
of Sail.
(4) Tall Ship Staging Area. All waters within Anchorage B and
Lynnhaven Anchorage bounded in the northwest by a line drawn from point
latitude 36[deg]57'27.6'' N, longitude 076[deg]3'42.2'' W to a point
southeast at latitude 36[deg]55'38.7'' N, longitude 076[deg]2'50.6'' W,
to a line drawn to the south at point latitude 36[deg]54'3.2'' N,
longitude 076[deg]5'22.7'' W, to a line drawn to the north at point
latitude 36[deg]55'19.9'' N, longitude 076[deg]5'19.8'' W, to a line
draws to the northwest at point latitude 36[deg]55'48.7'' N, longitude
076[deg]6'13.5'' W, to a line drawn to the north at point latitude
36[deg]57'57.4'' N, longitude 076[deg]5'34.6'' W, and back to the
original starting point. These coordinates are based on the World
Geodetic System (WGS 84).
(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 COTP
in the enforcement of the regulated area. Participant means all persons
and vessels registered with the event sponsor as a participant in the
events involved. Non-participant means a person or a vessel not
registered with the event sponsor either as a participant or an
official patrol vessel.
(c) Regulations. (1) During the enforcement period(s), and within
the Parade regulated area and Tall Ship Staging Area, all non-
participants are prohibited from entering, anchoring in, transiting or
remaining within the regulated area described in paragraph (a)(1) of
this section unless authorized by the COTP or their designated
representative. All Tall Ships will be protected by a moving buffer
zone 1,000-yards ahead, 50-yards abeam, 50-yards astern. Any parading
non-registered participants must proceed inbound behind the last
registered participant. Normal traffic flow will resume at the
discretion of the COTP, or their designated representative, when
conditions permit.
(2) During the enforcement period and within the Fireworks
location, all non-participants are prohibited from entering, anchoring
in, transiting or remaining within the regulated area described in
paragraph (a)(2) of this section unless authorized by the COTP or their
designated representative.
(3) During the enforcement period and within the Tall Ship Staging
area, all non-participants are prohibited from approaching within 25-
yards of any anchored Sail250 Tall Ship within the regulated area
described in paragraph (a)(4) of this section unless authorized by the
COTP or their designated representative.
(4) To seek permission to transit the regulated areas during
enforcement periods, contact the COTP, or the COTP's designated
representative, on VHF channel 16 or 877-722-5727 (Sector Virginia
Command Center). Those in the special regulated areas must comply with
all lawful orders or directions given to them by the COTP or the COTP's
designated representative.
(5) 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(s). (1) The special location regulation for
the Parade regulated area described in paragraph (a)(1) of this section
will be enforced from 5 a.m. to 5 p.m. on June 19, 2026.
(2) The special local regulation for the fireworks location
described paragraph (a)(2) in will be enforced from 9 p.m. until 10:30
p.m. on June 19, 2026, and June 20, 2026, with an alternate date
scheduled for June 21st, 2026
(3) The special local regulation for the Tall Ship Staging Area
described paragraph (a)(4) of this section in will be enforced from 6
a.m. June 16th, 2026, until 2:30 p.m. on June 19th, 2026.
(e) General Operational Requirements for all spectator areas.
Vessel operators using any of the spectator areas established in this
section shall:
(1) Ensure their vessels remain safely within the spectator area
during marine events.
(2) Vessel operators shall comply with the directions and orders of
the COTP, or the COTP's representatives, upon being hailed by siren,
radio, flashing lights, or other means. The COTP's representative may
be any Coast Guard commissioned, warrant, or petty officer or any
Federal, state, or local law enforcement officer who has been
designated by the COTP to act on the COTP's behalf. The COTP's
designated representative may be on a Coast Guard vessel, a Coast Guard
Auxiliary vessel, a federal, state, or local law enforcement or safety
vessel, or a location on shore.
(3) Vacate spectator areas after termination of their effective
periods.
(4) All vessels are required to exhibit appropriate anchoring
lights as prescribed by the Rules of the Road (33 CFR Subchapter E,
Inland Navigation Rules) while at anchor.
(5) Do not leave vessels unattended in any spectator area at any
time.
(6) Do not tie off to any aid to navigation or buoy.
(7) Maintain at least 20 feet of clearance when maneuvering between
vessels.
Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2026-10159 Filed 5-20-26; 8:45 am]
BILLING CODE 9110-04-P
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