A federal rule that exists for five hours — closing water for a kayak race, with comment found impracticable
The Coast Guard established a temporary safety zone on part of the Chesapeake Bay for a kayak race. The rule is in force from 8 a.m. to 1 p.m. on a single day, and the ordinarily required comment period was omitted as impracticable.
Document overview (primary data)
- Document typeRule
- AgencyDepartment of Homeland Security
- Citation91 FR 56374
Key points
- The Coast Guard established a temporary safety zone on part of the Chesapeake Bay for a kayak race.
- The rule is in force from 8 a.m. to 1 p.m. on September 13, 2026 — five hours.
- Publishing a proposal and taking comment were omitted as impracticable, there being no time before the event.
- Because the notice and comment requirement was waived, the flexibility analysis provisions of the Regulatory Flexibility Act do not apply.
- The safety zone is fixed precisely by latitude and longitude.
1A rule in force for five hours
Federal regulation suggests permanence, yet this one lasts five hours. Water is closed for the hours a kayak race runs, and when it ends the rule ends. Temporary final rules of this kind are among the more numerous documents in the Federal Register records this site holds.
2A finding of impracticability
Making a rule ordinarily requires publishing a proposal and taking comment. The Coast Guard omitted that, giving impracticability as the reason: there was not time to solicit comments, respond to them and publish a final rule before the day of the race. The same reason supports making the rule effective less than 30 days after publication.
3Omissions cascade
What stands out is that omitting one step removed another requirement. The Regulatory Flexibility Act calls for analysis of a rule effect on small entities, but where the notice and comment requirement is waived, those analysis provisions do not apply. Procedures interlock, and skipping the entrance drops what follows from it.
4Defining an area by coordinates
The text of the rule fixes the safety zone by latitude and longitude, enclosing the water between the bridge spans with lines drawn between points. Such drafting is how a geographic area is specified precisely. A prohibition whose location is vague cannot function as regulation.
5Small rules accumulate
Each may last five hours, yet such temporary measures are published in quantity through the year. Other Federal Register documents this site covers announce enforcement of standing regulations for annually recurring events instead. The same purpose is met sometimes by a fresh rule each time and sometimes by enforcing a permanent one.
Why it matters
Omitting one procedural step drops the requirements that follow from it. That procedures interlock is worth holding in mind when reading how rules are made.
FAQ
Why may the comment period be omitted?
Does omitting a step affect anything else?
Sources (primary)
Source: Federal Register (federal documents, public domain). Links go to the official site.