[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