Rule2026-09145
Safety Zone; Hudson River, Manhattan, NY
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
May 8, 2026
Effective
May 8, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters of the Hudson River in the vicinity of Pier 66, New York City, Manhattan, NY. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with the Hudson Tunnel Project construction activities. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, New York, or their designated representative.
Full Text
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<title>Federal Register, Volume 91 Issue 89 (Friday, May 8, 2026)</title>
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[Federal Register Volume 91, Number 89 (Friday, May 8, 2026)]
[Rules and Regulations]
[Pages 25135-25137]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09145]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0336]
RIN 1625-AA00
Safety Zone; Hudson River, Manhattan, NY
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Hudson River in the vicinity of Pier 66, New
York City, Manhattan, NY. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
associated with the Hudson Tunnel Project construction activities.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port, New York, or their
designated representative.
DATES: This rule is effective without actual notice from May 8, 2026,
through January 20, 2029. For the purposes of enforcement, actual
notice will be used from May 1, 2026, until May 8, 2026.
ADDRESSES: To view available documents referred to as being available
in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-
2026-0336.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact Mr. Jeff Yunker, Sector New York Waterways Management Division,
[[Page 25136]]
U.S. Coast Guard; telephone 571-607-2628, or email
<a href="/cdn-cgi/l/email-protection#357f50535347504c1b781b6c405b5e504775404656521b585c59"><span class="__cf_email__" data-cfemail="eea48b88889c8b97c0a3c0b79b80858b9cae9b9d8d89c0838782">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port New York
DHS Department of Homeland Security
FR Federal Register
HTP Hudson Tunnel Project
NAD North American Datum
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
WGS 84 World Geodetic System
II. Background and Authority
The Gateway Development Commission, acting on behalf of the Port
Authority of New York and New Jersey, has submitted a request, under 33
CFR 165.5(b), that the Coast Guard create a safety zone within the
Hudson River Federal Channel, and pierhead line, near Pier 66,
Manhattan, NY. Per 33 CFR 165.20, a safety zone is a water area, shore
area, or water and shore area to which, for safety or environmental
purposes, access is limited to authorized persons, vehicles, or
vessels.
The Gateway Development Commission is a public authority which is
facilitating and coordinating activities to effectuate the Gateway
Program, a suite of rail infrastructure projects on the Northeast
Corridor, between Newark, New Jersey and New York Penn Station. The
Commission has submitted this request in support of the Hudson Tunnel
Project (HTP), which will (a) build nine miles of new passenger rail
track between New York and New Jersey, including nearly five miles of
tunnel boring to construct a new, two-tube tunnel under the Hudson
River, and (b) rehabilitate the existing rail tunnel beneath the Hudson
River. The existing tunnel, known as the North River Tunnel, which is
used by Amtrak for intercity passenger rail service and by NJ TRANSIT
for commuter rail service, has been in service since 1910.\1\
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\1\ For additional information about the HTP, see the Federal
Railroad Administration's ``Hudson Tunnel Project, New Jersey and
New York'' website, at: <a href="https://railroads.dot.gov/rail-network-development/environment/environmental-reviews/hudson-tunnel-project/hudson-tunnel">https://railroads.dot.gov/rail-network-development/environment/environmental-reviews/hudson-tunnel-project/hudson-tunnel</a>.
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Boring the new tunnel involves two major marine construction
packages: the Hudson River Ground Stabilization Project and the
Manhattan Tunnel Project. Hazards from these projects include but are
not limited to cofferdam installation and removal, soil mixing, crane
and deck barge operations, and the construction of temporary marine
structures that create hazards for the public. The Captain of the Port
(COTP) New York has determined that potential hazards associated with
the construction are a safety concern for anyone within the work area.
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.
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. The Coast Guard became aware of the hazardous situation
this project is creating on February 12, 2026, and must establish this
safety zone as soon as possible to protect personnel, vessels, and the
marine environment. Therefore, the Coast Guard does not have enough
time to solicit and respond to comments.
For the same reasons, the Coast Guard 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 Federal Register.
III. Discussion of the Rule
This rule establishes a safety zone from 12:01 a.m. on May 1, 2026,
through January 20, 2029. The Coast Guard anticipates construction to
end sooner than that, but is establishing the safety zone for that
length of time in case the project is delayed due to weather,
construction, or funding delays or other unforeseen circumstances. If
the project is completed before January 20, 2029, enforcement of the
safety zone will be suspended, and notice given via Local Notice to
Mariners. The Coast Guard Northeast District Local Notice to Mariners
can be found at: <a href="https://www.navcen.uscg.gov/maritime-safety-information">https://www.navcen.uscg.gov/maritime-safety-information</a>.
The safety zone will cover all navigable waters of the Hudson River
from surface to bottom, within the following points: Point 1 at
40[deg]45'20.32'' N, 074[deg]00'23.84'' W; thence to Point 2 at
40[deg]45'23.34'' N, 074[deg]00'30.60'' W; thence to Point 3 at
40[deg]45'24.03'' N, 074[deg]00'40.85'' W; thence to Point 4 at
40[deg]45'18.89'' N, 074[deg]00'48.18'' W; thence to Point 5 at
40[deg]45'13.80'' N, 074[deg]00'48.64'' W; thence to Point 6 at
40[deg]45'08.03'' N, 074[deg]00'46.44'' W; thence to Point 7 at
40[deg]45'07.51'' N, 074[deg]00'37.61''W; thence to Point 8 at
40[deg]45'09.18'' N, 074[deg]00'36.37'' W; thence to Point 9 at
40[deg]45'06.70'' N, 074[deg]00'30.78''W; thence returning along the
Manhattan shoreline to Point 1. These coordinates are based on the
World Geodetic System (WGS 84)/North American Datum 83 (NAD 83).
Vessels and persons will not be allowed to enter the zone during this
time, unless authorized by the COTP or the COTP's representative. The
COTP has, however, authorized access by Hudson River Community Sailing
vessels and paddlecraft transiting directly to or from the Pier 66
area. These vessels may transit through the southern area of the safety
zone to the east of the Hudson River Cofferdam Lighted Hazard Buoy D
(LLNR 37663.3).
IV. Regulatory Analyses
The Coast Guard developed this rule after considering numerous
statutes and Executive orders related to rulemaking. The Coast Guard's
analyses based on a number of these statutes and Executive orders are
provided below.
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
The Coast Guard has analyzed this rule under Executive Order 13132,
Federalism, and has determined that it is consistent with the
fundamental federalism principles and preemption requirements described
in that Order.
[[Page 25137]]
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
The Coast Guard has 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 et seq.), and has
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.
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; DHS Delegation No. 00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T01-0336 to read as follows:
Sec. 165.T01 0336 Safety Zone; Hudson River, Manhattan, NY.
(a) Location. The following area is a safety zone: All waters of
the Hudson River from surface to bottom, encompassed by a line
connecting the following points beginning at 40[deg]45'20.32'' N,
074[deg]00'23.84'' W; thence to 40[deg]45'23.34'' N, 074[deg]00'30.60''
W; thence to 40[deg]45'24.03'' N, 074[deg]00'40.85'' W; thence to
40[deg]45'18.89'' N, 074[deg]00'48.18'' W; thence to 40[deg]45'13.80''
N, 074[deg]00'48.64'' W; thence to 40[deg]45'08.03'' N,
074[deg]00'46.44'' W; thence to 40[deg]45'07.51'' N,
074[deg]00'37.61''W; thence to 40[deg]45'09.18'' N, 074[deg]00'36.37''
W; thence to 40[deg]45'06.70'' N, 074[deg]00'30.78''W; thence returning
along the Manhattan shoreline to the beginning point. These coordinates
are based on the World Geodetic System (WGS 84)/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 with law enforcement authority
designated by or assisting the Captain of the Port New York (COTP) 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 (718) 354-4353.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's representative.
(3) Hudson River Community Sailing Vessels and Human Powered
Vessels transiting directly to or from the Pier 66 area may transit
through the southern area of the safety zone to the east of the Hudson
River Cofferdam Lighted Hazard Buoy D (LLNR 37663.3) unless otherwise
directed by the COTP or the COTP's designated representative.
(d) Enforcement period. This section will be subject to enforcement
from 12:01 a.m. on May 1, 2026, to 11:59 p.m. on January 20, 2029. If
the project is completed before January 20, 2029, enforcement of the
safety zone will be suspended, and notice given via Local Notice to
Mariners. The Coast Guard Northeast District Local Notice to Mariners
can be found at: <a href="https://www.navcen.uscg.gov/maritime-safety-information">https://www.navcen.uscg.gov/maritime-safety-information</a>.
Jonathan Andrechik,
Captain, U.S. Coast Guard, Captain of the Port, Sector New York.
[FR Doc. 2026-09145 Filed 5-7-26; 8:45 am]
BILLING CODE 9110-04-P
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