( printed page 31663)

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

NPRM Notice of proposed rulemaking

Sail GP Sail Grand Prix

§ Section

SLR Special Local Regulation

U.S.C. United States Code

II. Background and Authority

On January 15, 2026, the Coast Guard received an application for a marine event permit under 33 CFR 100.15 to conduct Sail Grand Prix (Sail GP) 2026 in the Upper Bay of New York Harbor. The event will be held from noon until 6:30 p.m. on Saturday, May 30, 2026, and again, from noon until 6:30 p.m. on Sunday, May 31, 2026. The race features 12 high-speed F50 catamaran teams racing at speeds of up to 60 mph, hundreds of spectator vessels, and thousands of spectators.

The Captain of the Port, New York (COTP) has determined that due to the high-profile nature of this event, the presence of spectator vessels, event support vessels, and race participants operating in close proximity to each other at high speeds, there is an increased potential of collision and allision hazards. The hazards associated with the race itself and the race location are a safety concern for anyone within the “Race Area” and adjacent navigable waters. To mitigate those dangers, and having issued a marine event permit, the COTP is issuing this Special Local Regulation (SLR) under the authority in 46 U.S.C. 70041.

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 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

The Coast Guard is establishing a Special Local Regulation (SLR) in the Upper Bay of New York Harbor from noon on Saturday, May 30, 2026, through 6:30 p.m. on Sunday, May 31, 2026.

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 notices to mariners, or by on-scene designated representatives. The areas regulated by this SLR lie between Governors Island, Ellis Island, and Liberty Island and cover all navigable waters, from surface to bottom, as more specifically defined in the regulatory text below. The Sail GP Sponsor will mark the regulated areas via colored visual markers. The regulated area will include a “Transit Only Area” and an “Event Area”. No vessel or person will be permitted to enter the “Event Area” without obtaining permission from the COTP or their designated representative.

Within the “Event Area”, the event sponsor will establish a smaller, dynamic “Race Area” based on prevailing weather conditions. The location and boundaries of the “Race Area” are subject to change and will be demarcated by on-scene assets, colored markers, and announced by the event sponsor. The “Race Area” is restricted to registered race participants and official safety and support personnel. All other persons and vessels are prohibited from entering, transiting, or remaining in the “Race Area”. All waters within the “Event Area” not designated as the “Race Area” will be considered the “Spectator Area”. Spectators and their vessels must remain in the “Spectator Area” and are responsible for maneuvering to avoid the changing “Race Area”.

IV. Regulatory Analyses

The Coast Guard developed this rule after considering numerous statutes and Executive Orders related to rulemaking. Below is a summary of the Coast Guard's 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

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.

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. 4321-4370f), 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 Special Local Regulation. 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 the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows:

91 FR 31662