Rule2025-19361
Safety Zone; New York Harbor, Upper Bay, Jersey City, NJ
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 2, 2025
Effective
October 8, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters of the Upper Bay in New York Harbor in the vicinity of Ellis Island and Liberty Island, NJ. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by law enforcement vessels operating at high speed while participating in a security training exercise occurring in this area. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector New York.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 189 (Thursday, October 2, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 189 (Thursday, October 2, 2025)]
[Rules and Regulations]
[Pages 47589-47590]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19361]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0840]
RIN 1625-AA00
Safety Zone; New York Harbor, Upper Bay, Jersey City, NJ
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Upper Bay in New York Harbor in the vicinity of
Ellis Island and Liberty Island, NJ. The safety zone is needed to
protect personnel, vessels, and the marine environment from potential
hazards created by law enforcement vessels operating at high speed
while participating in a security training exercise occurring in this
area. Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port, Sector New York.
DATES: This rule is effective from 9 a.m. to noon on October 8, 2025.
ADDRESSES: To view documents in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2025-0840. Next, select
``Supporting & Related Material'' in the Document Type column.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email MST2 Conard Audesirk, Sector New York Waterways
Management, U.S. Coast Guard; telephone 571-610-5174,
<a href="/cdn-cgi/l/email-protection#386b5d5b4c574a76616f6f75784d4b5b5f16555154"><span class="__cf_email__" data-cfemail="9ecdfbfdeaf1ecd0c7c9c9d3deebedfdf9b0f3f7f2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, Sector New York
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background and Authority
The Coast Guard and other Federal, State, and Local law enforcement
agencies are engaging in a security related exercise in preparation for
the FIFA 2026 World Cup Fan Festival. During the training exercise,
participating law enforcement vessels and opposing force training
vessels will be operating at high speeds in a confined area. The
Captain of the Port (COTP) has identified the risk of collision with
transiting vessels as a potential hazard associated with the training
exercise and determined that a safety zone is required to minimize that
risk. Therefore, the COTP is issuing this rule under the authority in
46 U.S.C. 70034, which is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone from
potential hazards related to the security training exercise.
The Coast Guard is issuing this rule without prior notice and
comment. As is authorized by 5 U.S.C. 553(b)(B), 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 impracticable
to publish an NPRM, respond to comments, and publish a final rule by
October 8, 2025, to protect personnel, vessels, and the marine
environment.
The Coast Guard also finds that under 5 U.S.C. 553(d)(3), good
cause exists for making this rule effective less than 30 days after
publication in the FR as there are less than 30 days before October 8,
2025, available now.
III. Discussion of the Rule
This rule establishes a safety zone from 9 a.m. until noon on
October 8, 2025. The safety zone will cover all waters from surface to
bottom of the Upper Bay around Ellis and Liberty Island. The
coordinates of the safety zone are provided in the regulatory text
below. We have also included a chartlet in the docket to visually
depict the safety zone. For instructions on viewing items in the
docket, see the ADDRESSES section above.
This safety zone is being established for the protection of
mariners from
[[Page 47590]]
training exercise participants operating at high speeds during the
security training exercise. No vessel or person will be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. Notification of the safety zone will be
provided by Broadcast Notice to Mariners and publication in the Local
Notice to Mariners. Broadcasts will continue throughout the exercise
and will cease when all operations have finished.
IV. 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. 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 that
are not subject to notice and comment. Because 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), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 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.
B. 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).
C. Federalism and Indian Tribal Governments
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
Order.
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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
E. 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 is a safety zone. It is categorically excluded from
further review under paragraph L60(a) 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 viewing items in the docket, see the ADDRESSES
section, above.
List of Subjects in 33 CFR Part 165
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 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T01-0840 to read as follows:
Sec. 165.T01-0840 Safety Zone; New York Harbor, Upper Bay, Jersey
City, NJ.
(a) Location. The following area is a safety zone: all waters from
surface to bottom of the Upper Bay around Ellis and Liberty Island
formed by connecting latitude and longitude points in the following
order: 40[deg]41'26'' N 74[deg]03'17'' W, thence to 40[deg]41'11'' N
74[deg]02'36'' W, thence to 40[deg]41'25'' N 74[deg]02'26'' W, thence
to 40[deg]41'40.0'' N 74[deg]02'28.0'' W, thence to 40[deg]41'56'' N
74[deg]02'05'' W, thence to 40[deg]42'15'' N 74[deg]02'31'' W and along
the shoreline back to the beginning point, expressed in Degrees ([deg])
Minutes (') Seconds ('') (DMS) based on World Geodetic System 1984 (WGS
84).
(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, Sector New York in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on VHF-FM channel 16 or by telephone at 1 (844) NYC-
USCG. Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement period. This section will be enforced from 9 a.m.
to noon on October 8, 2025.
Jonathan A. Andrechik,
Captain, U.S. Coast Guard, Captain of the Port, Sector New York.
[FR Doc. 2025-19361 Filed 10-1-25; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 2, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.