Rule2024-13602
Special Local Regulation; Sail Grand Prix; Upper Bay, New York City, NY
Primary source
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Published
June 21, 2024
Effective
June 21, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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 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.
Full Text
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<title>Federal Register, Volume 89 Issue 120 (Friday, June 21, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#347f55405c464d5a1a791a6251555874414757531a595d58"><span class="__cf_email__" data-cfemail="3d765c49554f44531370136b585c517d484e5e5a13505451">[email protected]</span></a>.
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
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</html>Indexed from Federal Register on June 21, 2024.
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