Rule2025-10382
Special Local Regulation; Sail Grand Prix, Upper Bay, New York City, NY
Primary source
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Published
June 6, 2025
Effective
June 5, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a special local regulation in the Upper Bay of New York Harbor in support of a racing event, Sail Grand Prix 2025. 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 rule 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, Sector New York or a designated representative.
Full Text
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<title>Federal Register, Volume 90 Issue 108 (Friday, June 6, 2025)</title>
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[Federal Register Volume 90, Number 108 (Friday, June 6, 2025)]
[Rules and Regulations]
[Pages 24072-24074]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10382]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2025-0039]
RIN 1625-AA08
Special Local Regulation; Sail Grand Prix, Upper Bay, New York
City, NY
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation in
the Upper Bay of New York Harbor in support of a racing event, Sail
Grand Prix 2025. 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 rule 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,
Sector New York or a designated representative.
DATES: This rule is effective from 12:45 p.m. on June 5, 2025, through
5:30 p.m. on June 8, 2025. It will only be subject to enforcement,
however, during the hours of 12:45 p.m. to 4 p.m. on June 5, 2025, and
June 6, 2025, and from 2 p.m. to 5:30 p.m. on June 7, 2025, and June 8,
2025.
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-
2025-0039 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#6823091c001a11064625463e0d0904281d1b0b0f46050104"><span class="__cf_email__" data-cfemail="155e74617d676c7b3b583b4370747955606676723b787c79">[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
Sail GP Sail Grand Prix
Sec. Section
SLR Special Local Regulation
U.S.C. United States Code
II. Background Information and Regulatory History
As an organized water event of limited duration which is conducted
according to a prearranged schedule, Sail Grand Prix (Sail GP) is a
``Regatta or marine parade,'' as defined at 33 CFR 100.05. An
individual or organization planning to hold a regatta or marine parade
which, by its nature, circumstances or location, will introduce extra
or unusual hazards to the safety of life on the navigable waters of the
United States, must submit an application to hold it as outlined in 33
CFR 100.15. On December 5, 2024, a representative of Sail GP submitted
an application under 33 CFR 100.15 to conduct Sail GP 2025 in the Upper
Bay of New York Harbor for approximately four hours each day from June
5, 2025, through June 8, 2025. The event will
[[Page 24073]]
take place between Governors Island, Ellis Island, and Liberty Island
in the Upper Bay, and it will feature 50-foot foiling catamaran
sailboats.
After approving plans for the holding of a regatta or marine parade
within his or her district or zone, a Captain of the Port (COTP) is
authorized to promulgate such special local regulations as he or she
deems necessary to ensure safety of life on the navigable waters
immediately prior to, during, and immediately after the approved
regatta or marine parade as outlined in 33 CFR 100.35. Due to the high-
profile nature of this event, spectator vessels and support craft that
will be present and will have the potential to cause vessel congestion
in proximity of the Anchorage Channel and the Hudson River. The COTP,
Sector New York has determined that potential hazards associated with
the race and race location are a safety concern for anyone within the
race area and adjacent navigable waters and is therefore establishing
these special local regulations.
The Coast Guard is issuing this temporary rule under the authority
in 5 U.S.C. 553(b)(B). This statutory provision authorizes an agency to
issue a rule without prior notice and opportunity to comment when the
agency for good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it is impractical
to do so due to insufficient time to publish a final rule by June 5,
2025.
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 the rule must be in effect by June 5, 2025, to serve its
intended purpose.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The COTP has determined that this rule is needed to protect
personnel, vessels, and the marine environment from the hazards
associated with the race event.
IV. Discussion of the Rule
The Coast Guard is establishing a special local regulation in the
Upper Bay of New York Harbor for approximately four hours each day from
June 5, 2025, through June 8, 2025. In the event that weather
conditions prevent or delay a safe race start, the public will be
notified of changes to the enforcement period through marine
broadcasts, local notice to mariners, local news media, distribution in
leaflet form, or by on-scene designated representatives. The areas
regulated by this special local regulation lie between Governors
Island, Ellis Island, and Liberty Island and cover all navigable
waters, from surface to bottom, as more specifically defined below. 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 northern end of the regulated
area and will change depending upon the racecourse. The duration of the
enforcement times is intended to ensure the safety of vessels,
participants, and spectators, and those transiting the area 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. The Coast Guard
will provide notice of the special local regulation through marine
broadcasts, local notice to mariners, local news media, distribution in
leaflet form, or by on-scene designated representatives.
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.
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.
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the special local
regulation's size, location, and duration. Vessel traffic will be able
to safely transit around the regulated 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 four hours
each day. Considerations were made to adjust to an earlier time for
Thursday, June 5, 2025, and Friday, June 6, 2025, so as to reduce the
impact of the special local regulation on commuter ferries. Moreover,
the Coast Guard will issue notice of the special local regulation
through marine broadcasts, local notice to mariners, local news media,
distribution in leaflet form, or by on-scene designated
representatives, and the rule will allow vessels to seek permission to
enter.
B. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules not
subject to notice and comment. As the Coast Guard has, for good cause,
waived the notice and comment requirement that would otherwise apply to
this rulemaking, the Regulatory Flexibility Act's flexibility analysis
provisions do not apply here.
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 will 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.
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
[[Page 24074]]
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 lasting less than four hours that will limit
entry to the race area without authorization from the COTP 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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, 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.T01-0039 to read as follows:
Sec. 100.T01-0039 Sail Grand Prix 2025, 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]41'49.7'' N 74[deg]02'01.7'' W; thence to
40[deg]41'49.7'' N 74[deg]01'23.6'' W; thence to 40[deg]41'43.1'' N
74[deg]01'09.0'' 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]40'47.8'' N 74[deg]01'43.2'' W; thence to 40[deg]40'38.5'' N
74[deg]02'00.4'' W; thence to 40[deg]40'38.9'' N 74[deg]02'45.0'' W;
thence to 40[deg]41'02.0'' N 74[deg]02'24.7'' W; thence to
40[deg]41'13.1'' N 74[deg]02'24.4'' W; thence to 40[deg]41'35.8'' N
74[deg]02'15.6'' W and thence back to the point of origin. Positions
provided are expressed in Degrees ([deg]) Minutes (') Seconds ('')
(DMS) based on North American Datum 1983 (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.
Spectator means any person or vessel, which is not designated by
the sponsor as a support vessel, in the vicinity of the event with the
primary purpose of witnessing the event. Spectator vessels can observe
the marine event from the designated spectator area.
(c) Regulations. (1) All non-participants and non-spectators 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
marine broadcasts, local notice to mariners, local news media,
distribution in leaflet form, or by on-scene designated
representatives.
(d) Enforcement period. (1) This section will be enforced from
12:45 p.m. to 4 p.m. on June 5, 2025, and June 6, 2025, and from 2 p.m.
to 5:30 p.m. on June 7, 2025, and June 8, 2025.
(2) In the event that weather conditions prohibit a safe race start
or cause delays, the public will be notified of changes to the
enforcement period as described in paragraph (d)(1) through marine
broadcasts, local notice to mariners, local news media, distribution in
leaflet form, or by on-scene designated representatives.
Jonathan Andrechik,
Captain, U.S. Coast Guard, Captain of the Port, Sector New York.
[FR Doc. 2025-10382 Filed 6-4-25; 4:15 pm]
BILLING CODE 9110-04-P
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