[Federal Register Volume 89, Number 120 (Friday, June 21, 2024)]
[Rules and Regulations]
[Pages 51966-51969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13602]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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

[[Page 51967]]

the safety of life from the dangers associated with high-speed sailing 
during the event. This regulation will temporarily prohibit persons and 
vessels from entering, transiting through, blocking, or loitering 
within the event area unless authorized by the Captain of the Port of 
New York or a designated representative.

DATES: This rule is effective from 1 p.m. on June 21, 2024, through 
6:30 p.m. on June 23, 2024. This rule 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, and June 23, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0169 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 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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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 and feature 50-foot foiling 
catamaran sailboats. In response, on April 19, 2024, the Coast Guard 
published a notice of proposed rulemaking (NPRM) titled Special Local 
Regulation; Sail Grand Prix, Upper Bay, New York City, NY (89 FR 
28691). There we stated why we issued the NPRM and invited comments on 
our proposed regulatory action related to this race event. During the 
comment period that ended May 20, 2024, we received no comments.
    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 would be impracticable and contrary to public interest 
because prompt action is needed to appropriately respond to the 
potential safety hazards associated with this event on June 21, 2024, 
through June 23, 2024.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The Captain of the Port (COTP) Sector New York has determined 
that potential hazards associated with this event will be a safety 
concern for personnel and vessels on the navigable waters of the Upper 
Bay of New York Harbor. 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. This rule is needed to protect 
personnel, vessels, and the marine environment from the hazards 
associated with the race event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April 
19, 2024; however, there is one change in the regulatory text of this 
rule from the proposed rule in the NPRM. Statue City Cruises contacted 
Sail Grand Prix and requested modifications be made to the special 
local regulation. We reduced the size of the northwest section of the 
regulated area to facilitate the ease of transit and reduce vessel 
traffic from Battery Park to Liberty Island and Ellis Island. As a 
result, the starting coordinate point in the regulatory text was 
updated from 40[deg]42'10.6'' N, 74[deg]01'48.5'' W to 40[deg]42'03.7'' 
N, 74[deg]01'26.9'' W.
    This rule establishes a special local regulation in the Upper Bay 
of New York Harbor from 1 p.m. on June 21, 2024, through 6:30 p.m. on 
June 23, 2024. The special local regulation will be enforced from 1 
p.m. until 4 p.m. on June 21, 2024, and from 3:30 p.m. until 6:30 p.m. 
on June 22, 2024, and June 23, 2024. The area regulated by this special 
local regulation will be between Governor's Island, 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]42'03.7'' N, 
74[deg]01'26.9'' 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 beginning point. Sail GP 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 will change depending upon the 
racecourse. The duration of the establishment of the special local 
regulation is intended to ensure the safety of vessels in these 
navigable waters during the scheduled practice and race periods. This 
special local regulation will 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. No vessel or person will be permitted to enter the 
regulated area without obtaining permission from the COTP or a 
designated representative.

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, 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 rule 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 rule 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 regulated area. 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, to reduce impact to commuter 
ferries. Moreover, the Coast Guard will issue a Broadcast Notice to 
Mariners via VHF-FM

[[Page 51968]]

Channel 16 about the regulation, and the rule allows 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will 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.
    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 affects 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 in the Upper Bay of New York Harbor lasting 3 
hours that will limit entry to the race area without authorization from 
the Captain of the Port or their designated representatives. 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 
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.

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.

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; 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]42'03.7'' N, 74[deg]01'26.9'' 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 
beginning point. 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.

[[Page 51969]]

    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 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.

Jonathan Andrechik,
Captain, U.S. Coast Guard, Captain of the Port Sector New York.
[FR Doc. 2024-13602 Filed 6-20-24; 8:45 am]
BILLING CODE 9110-04-P