# Special Local Regulation; East River, Mathews, VA.
**AGENCY:**
Coast Guard, DHS.
**ACTION:**
Temporary final rule.
**SUMMARY:**
The Coast Guard is establishing 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 boat docking contest. This rulemaking prohibits persons and vessels from entering the regulated area unless authorized by the Captain of the Port, Sector Virginia or a designated representative.
**DATES:**
This rule is effective from 11 a.m. until 10 p.m. on July 5, 2025.
**ADDRESSES:**
To view documents mentioned in this preamble as being available in the docket, go to *https://www.regulations.gov,* type USCG-2025-0405 in the search box and click “Search.” Next, in the Document Type column, select “Supporting & Related Material.”
**FOR FURTHER INFORMATION CONTACT:**
If you have questions about this rule, call or email LCDR Justin Strassfield, Sector Virginia, Waterways Management Division, U.S. Coast Guard, Telephone: (571) 608-2969; or *[email protected].*
**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
§ Section
SLR Special Local Regulation
U.S.C. United States Code
**II. Background Information and Regulatory History**
The Coast Guard is issuing this temporary rule under the authority in 5 U.S.C. 553(b)(B). This statutory provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” 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 to publish an NPRM for a special local regulation which must be established by July 5, 2025 to prevent harm from potential navigation and safety hazards created by this event. There is not sufficient time to allow for a notice and comment period prior to the event.
Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the *Federal Register* . Delaying the effective date of this rule is impracticable because the rule must be in effect by July 5, 2025 to serve its intended purpose.
**III. Legal Authority and Need for Rule**
The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Captain of the Port, Sector Virginia (COTP) has determined that potential hazards associated with high-speed vessel events present a safety concern for anyone within the special local regulation. These hazards include personal injury and property damage which could result from collisions with spectator vessels and with nonparticipant vessels. The purpose of this rule is to ensure safety of vessels and people in the navigable waters who might otherwise be in the special local regulation before, during, and after the scheduled event.
**IV. Discussion of the Rule**
This rule establishes a special local regulation (SLR) from 11 a.m. until 10 p.m. on July 5, 2025. The SLR will include all navigable waters of the East River within the following points: 37°24′12.0″ N, 076°20′48.4″ W; 37°24′12.0″ N, 076°20′52.0″ W; 37°24′13.0″ N, 076°20′52.0″ W; 37°24′13.1″ N, 076°20′48.6″ W, located near Williams Wharf in Mathews, VA. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters during the boat docking contest event. No nonparticipant vessel or person will be permitted to enter the SLR without obtaining permission from the COTP or a designated representative. Advance notifications will be made to affected users of the waterway via Broadcast Notice to Mariners and Local Notice to Mariners.
**V. 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. 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 rule has not been designated a “significant regulatory action,” under section 3(f) of Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the on the size, location, duration, and time-of-day of the SLR. The Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the regulated area, and the rule allows vessels to seek permission to enter the zone.
**B. 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 not subject to notice and comment. As 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), we want to assist small entities in understanding this rule. If the rule will 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.
Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 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.
**C. 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).
**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 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 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.
**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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.
**F. 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. 4321-4370f), 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 rule involves a special local regulation lasting 9 hours that will prohibit entry within 100 yards of a vessel docking area. 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. A Memorandum for the Record supporting this determination is available in the docket. For instructions on locating the docket, see the *ADDRESSES* section of this preamble.
**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**
**33 CFR Part 100**
1. The authority citation for part 100 continues to read as follows:
**Authority:**
46 U.S.C. 70041; 33 CFR 1.05-1.
**33 CFR Part 100**
2. Add § 100.T599-0405 to read as follows:
§ 100.T599-0405
(a) *Regulated area.* The regulations in this section apply to the following area: all navigable waters of the East River within the following points: 37°24′12.0″ N, 076°20′48.4″ W; 37°24′12.0″ N, 076°20′52.0″ W; 37°24′13.0″ N, 076°20′52.0″ W; 37°24′13.1″ N, 076°20′48.6″ W, located near Williams Wharf in Mathews, VA. These coordinates are based on 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 Captain of the Port, Sector Virginia (COTP) in the enforcement of the regulations in this section.
*Participant* means all persons and vessels registered with the event sponsor as a participant in the event.
(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 Virginia or their designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's representative by VHF FM Channel 16. Those in the regulated area must comply with all lawful orders or directions given to them by the COTP or the 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 11 a.m. to 10 p.m. on July 5, 2025.
Dated: May 28, 2025.
Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.