[Federal Register Volume 89, Number 77 (Friday, April 19, 2024)]
[Proposed Rules]
[Pages 28691-28693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08433]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2024-0169]
RIN 1625-AA08


Special Local Regulation; Sail Grand Prix, Upper Bay, New York 
City, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary special 
local regulation in the Upper Bay of New York Harbor in support of Sail 
Grand Prix 2024 from June 21, 2024, through June 23, 2024. This special 
local regulation is necessary to provide for the safety of life from 
the dangers associated with high-speed sailing during the event. This 
proposed rulemaking would temporarily prohibit persons and vessels from 
entering, transiting through, blocking, or loitering within the event 
area, unless authorized by the Captain of the Port New York or a 
designated representative. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 20, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0169 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments. This notice of proposed rulemaking 
with its plain-language, 100-word-or-less proposed rule summary will be 
available in this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email MST1 Kathryn Veal, Waterways 
Management Division, U.S. Coast Guard Sector New York; telephone 718-
354-4151, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sail GP Sail Grand Prix
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On October 5, 2023, a representative of Sail Grand Prix (Sail GP) 
notified the Coast Guard of intentions to conduct Sail Grand Prix 2024 
in the Upper Bay of New York Harbor from 1 p.m. to 4 p.m. on June 21, 
2024, and from 3:30 p.m. to 6:30 p.m. on June 22, 2024, through June 
23, 2024. The race will take place between Governor's Island, Ellis 
Island and Liberty Island in the Upper Bay featuring 50-foot foiling 
catamaran sailboats. Due to the high-profile nature of this event, 
spectator vessels and support craft that will be present and have the 
potential to cause vessel congestion in proximity of the Anchorage 
Channel and Hudson River Channel, the Captain of the Port (COTP) Sector 
New York has determined that potential hazards associated with the race 
and race location would be a safety concern for anyone within the race 
area and adjacent navigable waters.
    The purpose of this rulemaking is to ensure the safety of vessels, 
spectators and participants and the navigable waters within the racing 
area before, during, and after the scheduled event. The Coast Guard is 
proposing this rulemaking under authority in 46 U.S.C. 70041.

III. Discussion of Proposed Rule

    The COTP Sector New York proposes to establish a special local 
regulation in the Upper Bay of New York Harbor from 1 p.m. to 4 p.m. on 
June 21, 2024, and from 3:30 p.m. to 6:30 p.m. on June 22, 2024, 
through June 23, 2024. The areas regulated by this special local 
regulation would be between Governor's Island,

[[Page 28692]]

Ellis Island and Liberty Island and will cover all navigable waters, 
from surface to bottom, within the area formed by connecting the 
following latitude and longitude points in the following order: 
40[deg]42'10.6'' N, 74[deg]01'48.5'' W; thence to 40[deg]41'50.0'' N, 
74[deg]01'08.7'' W; thence to 40[deg]41'35.6'' N 74[deg]01'08.8'' W; 
thence along the shore to 40[deg]41'02.4'' N 74[deg]01'29.3'' W; thence 
to 40[deg]40'46.9'' N 74[deg]01'49.3'' W; thence to 40[deg]40'49.0'' N 
74[deg]02'25.5'' W; thence to 40[deg]41'13.3'' N 74[deg]02'26.2'' W; 
thence to 40[deg]41'31.0'' N 74[deg]02'18.7'' W; thence to 
40[deg]41'54.6'' N 74[deg]02'01.3'' W; thence to 40[deg]42'03.9'' N 
74[deg]01'56.8'' W and thence back to the point of origin. The Sail GP 
Sponsor will mark the regulated area via colored visual markers and 
will designate a spectator area within the regulated area. The 
spectator area will be located on the southern end of the regulated 
area and may change depending upon the racecourse.
    The duration of the establishment of the proposed special local 
regulation is intended to ensure the safety of vessels in these 
navigable waters during the scheduled practice and race periods. This 
proposed temporary special local regulation would temporarily restrict 
vessel traffic in the vicinity of Liberty Island and Ellis Island and 
prohibit vessels and persons not participating in the race event from 
entering the dedicated race area. 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, and 
we discuss First Amendment rights of protestors.

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 NPRM has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this NPRM has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the special local regulation. 
Vessel traffic will be able to safely transit around this area via the 
Buttermilk Channel and via a transit lane west of the race area. The 
event will impact a small, designated area of the New York Harbor for 
less than 4 hours each day. Considerations were made to adjust to an 
earlier time for Friday June 21, 2024, as to reduce impact to commuter 
ferries. Moreover, the Coast Guard would issue a Broadcast Notice to 
Mariners via VHF-FM Channel 16 about the regulation, and the rule would 
allow vessels to seek permission to enter the zone.

B. 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.
    While some owners or operators of vessels intending to transit the 
zone may be small entities, for the reasons stated in section IV.A 
above, this proposed rule would not have a significant economic impact 
on any vessel owner or operator. Routes around the race area are 
present while the special local regulation is in effect.
    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 rule would economically affect it.
    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 proposed rule. If the proposed rule 
would 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. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. 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 made 
a preliminary determination 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 involves special 
local regulation lasting 4 hours that would limit entry to the race 
area without authorization from the Captain of the Port or their

[[Page 28693]]

designated representatives. Normally such actions are categorically 
excluded from further review under paragraph L61 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record 
of Environmental Consideration supporting this determination is 
available in the docket. For instructions on locating the docket, see 
the ADDRESSES section of this preamble. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

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 through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2024-0169 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 https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. 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

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, 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. Add Sec.  100.T01-0169 to read as follows:


Sec.  100.T01-0169   Sail Grand Prix 2024, Upper Bay New York Harbor, 
New York City, NY.

    (a) Regulated area. The regulations in this section apply to the 
following area: All waters of the Upper Bay of New York Harbor, from 
surface to bottom, encompassed by a line connecting the following 
points beginning at 40[deg]42'10.6'' N, 74[deg]01'48.5'' W; thence to 
40[deg]41'50.0'' N, 74[deg]01'08.7'' W; thence to 40[deg]41'35.6'' N 
74[deg]01'08.8'' W; thence along the shore to 40[deg]41'02.4'' N 
74[deg]01'29.3'' W; thence to 40[deg]40'46.9'' N 74[deg]01'49.3'' W; 
thence to 40[deg]40'49.0'' N 74[deg]02'25.5'' W; thence to 
40[deg]41'13.3'' N 74[deg]02'26.2'' W; thence to 40[deg]41'31.0'' N 
74[deg]02'18.7'' W; thence to 40[deg]41'54.6'' N 74[deg]02'01.3'' W; 
thence to 40[deg]42'03.9'' N 74[deg]01'56.8'' W and thence back to the 
point of origin. These coordinates are based on North American Datum 83 
(NAD 83).
    (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 New York (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 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 Captain of the Port New York (COTP) 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 periods. This section will be enforced from 1 p.m. 
to 4 p.m. on June 21, 2024, and from 3:30 p.m. to 6:30 p.m. on June 22, 
2024, through June 23, 2024.

Zeita Merchant,
Captain, U.S. Coast Guard, Captain of the Port Sector New York.
[FR Doc. 2024-08433 Filed 4-18-24; 8:45 am]
BILLING CODE 9110-04-P