[Federal Register Volume 87, Number 51 (Wednesday, March 16, 2022)]
[Proposed Rules]
[Pages 14814-14817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05545]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / 
Proposed Rules  

[[Page 14814]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2021-0904]
RIN 1625-AA08


Special Local Regulation; 2022 Horsepower on the Hudson, Hudson 
River, Castleton, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish temporary special 
local regulations on certain waters of the Hudson River in the vicinity 
of Castleton-on-the-Hudson, New York, in support of the Horsepower on 
the Hudson event on August 8, 2022. This action is necessary to ensure 
the safety of participants, participant vessels, spectators, and 
mariners transiting the area from the dangers associated with vessels 
operating at high-speeds during the Horsepower on the Hudson event. 
This proposed rulemaking would allow the Coast Guard to enforce vessel 
movements within three regulated areas and temporarily restrict vessel 
traffic in a portion of the Hudson River between Hudson River Lighted 
Buoy 202 (LLNR 38905) to Hudson River Light 204 (LLNR 38910). We invite 
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 15, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0904 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: For information about this document 
call or email MST2 T. Whitley, Waterways Management Division, U.S. 
Coast Guard; telephone 718-354-4356, email [email protected].

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
LLNR Light List Number
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On October 10, 2021, the Coast Guard received an Application for 
Marine Event from the Castleton Boat Club for the Horsepower on the 
Hudson event. The event will take place on the Hudson River vicinity of 
Castleton-on-the-Hudson, on August 8, 2022. The Captain of the Port New 
York (COTP) has determined that this event in close proximity to marine 
traffic poses a significant risk to public safety and property. The 
event will consist of approximately 36 participating vessels that will 
transit by the Castleton Boat Club at speeds exceeding 100 mph. The 
participating vessels are expected to maneuver at high speed along the 
eastern shore of the Hudson River from Hudson River Lighted Buoy 202 
(LLNR 38905) to Hudson River Light 204 (LLNR 38910) outside of the 
navigable channel. The event is also expected to have approximately 20 
spectator crafts on the opposite side of the river from Hudson River 
Lighted Buoy 201 (LLNR 38903) to Hudson River Lighted Buoy 205 (LLNR 
38915) outside of the navigable channel.
    The combination of the vessels operating at high speeds during the 
event and anticipated number of spectator crafts has the potential to 
result in serious injuries or fatalities. In order to protect the 
safety of all waterway users including event participants and 
spectators, this proposed rule would establish three regulated areas 
and temporarily restrict vessel traffic for the duration of the 
event.The purpose of this proposed rulemaking is to ensure the safety 
of participants, non-participants, and transiting vessels on the 
navigable waters in the vicinity of the high speed race route and the 
spectator zone before, during, and after the scheduled event. The Coast 
Guard proposes this rulemaking under the authority of 46 U.S.C. 70041.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary special local 
regulation in the vicinity of Castleton-on-the-Hudson, NY, encompassing 
all navigable waters of the Hudson River from Hudson River Lighted Buoy 
202 (LLNR 38905) to Hudson River Light 204 (LLNR 38910) from 10 a.m. to 
4 p.m. on August 8, 2022. The high speed demonstration will consist of 
approximately 36 vessels that will transit by the Castleton Boat Club 
at speeds exceeding 100 mph. The special local regulation will include 
the following areas: (1) A high speed area, all navigable waters of the 
Hudson River from Hudson River Lighted Buoy 202 (LLNR 38905) to Hudson 
River Light 204 (LLNR 38910) east of the navigable channel shoreward 
where all persons and vessels, except those persons and vessels 
participating in the high speed boat demonstration event, are 
prohibited from entering, transiting through, or remaining within. 
Additionally, no participant may transit at high speed inside this zone 
when vessels are transiting through the transit area; (2) A transit 
area, all navigable waters of the main navigation channel of the Hudson 
River from Hudson River Lighted Buoy 202 (LLNR 38905) to Hudson River 
Light 204 (LLNR 38910); and (3) A spectator area, all navigable waters 
of the Hudson River from Hudson River Lighted Buoy 201 (LLNR 38903) to 
Hudson River Lighted Buoy 205 (LLNR 38915) west of the navigable 
channel shoreward.
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[GRAPHIC] [TIFF OMITTED] TP16MR22.039

BILLING CODE 9110-04-C
    The duration of the areas are intended to ensure the safety of 
vessels, participants, spectators, and those transiting the area during 
the Horsepower on the Hudson event. Navigation rules shall apply at all 
times within the areas. The Coast Guard will provide notice of the 
special local regulation by Local Notice to Mariners, Broadcast Notice 
to Mariners, and on-scene designated representatives.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize out 
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 proposed rule has not been designated a 
``significant regulatory action,'' under Executive Order 12866. 
Accordingly, this proposed rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, and duration of the temporary special local regulation. With 
this special local regulation, the Coast Guard intends to allow marine 
traffic to transit via the main navigable channel. The special local 
regulation is limited in duration and to a narrowly tailored geographic 
area with designated and adequate space for transiting vessels to pass 
via the main navigation channel when permitted by the COTP or 
designated representative. In addition, although this rule restricts 
access to the waters encompassed by the local regulation, the effect of 
this rule will not be significant because the local waterway users will 
be notified in advance via public Broadcast Notice to Mariners to 
ensure the special local regulation will result in minimum impact as 
the main navigation channel will be maintained allowing vessels to 
transit Hudson River outside of the high speed area or the spectator 
area. Mariners will therefore be able to plan ahead and either transit 
through the available transit area or outside the periods of 
enforcement of the special local regulation. Additionally, mariners may 
be able to transit the high speed area or spectator areas with approval 
from the COTP or

[[Page 14816]]

designated representative. The entities most likely affected are 
commercial vessels and pleasure craft engaged in recreational 
activities.

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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator. While the special local 
regulation is in effect, vessel traffic can pass safely using the main 
ship channel of the Hudson River. The maritime public will be advised 
in advance of this special local regulation via Broadcast Notice to 
Mariners.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.
    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 proposed rule. If the proposed rule 
would 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. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would call for no 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves a 
regulated area lasting 5 hours that would limit persons or vessels from 
transiting certain regulated areas during the scheduled event. Normally 
such actions are categorically excluded from further review under 
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A preliminary 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. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2021-0904 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of

[[Page 14817]]

the proposed rule. We may choose not to post off-topic, inappropriate, 
or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 proposes 
to amend 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.T01-0904 to read as follows:


Sec.  100.T01-0904  Special Local Regulation; 2022 Horsepower on the 
Hudson, Hudson River, Castleton, NY.

    (a) Regulated areas. The regulations in this section apply to the 
following regulated areas: (1) High speed area. All navigable waters of 
the Hudson River from Hudson River Lighted Buoy 202 (LLNR 38905) to 
Hudson River Light 204 (LLNR 38910) east of the navigable channel 
shoreward.
    (2) Transit area. All navigable waters of the main navigation 
channel of the Hudson River from Hudson River Lighted Buoy 202 (LLNR 
38905) to Hudson River Light 204 (LLNR 38910).
    (3) Spectator area. All navigable waters of the Hudson River from 
Hudson River Lighted Buoy 201 (LLNR 38903) to Hudson River Lighted Buoy 
205 (LLNR 38915) west of the navigable channel shoreward.
    (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 safety zone.
    Participant means all persons and vessels registered with the event 
sponsor as a participants in the race.
    Spectator means any 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-participant persons and vessels are 
prohibited from entering, transiting through, anchoring in, or 
remaining within the regulated areas described in paragraph (a) of this 
section unless authorized by the COTP or their designated 
representative.
    (2) To seek permission to enter, contact the COTP or the designated 
representative via VHF-FM Marine Channel 16 or by contacting the Coast 
Guard Sector New York command center at (718) 354-4356 or on VHF 16 to 
obtain permission. Those in the safety zone must comply with all lawful 
orders or directions given to them by the COTP or the designated 
representative.
    (d) Enforcement period. This section will be enforced from 10 a.m. 
through 4 p.m. on August 6, 2022.
    (e) Information broadcasts. The COTP or the designated 
representative will inform the public through Broadcast Notice to 
Mariners of any changes in the planned schedule.

    Dated: March 10, 2022.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2022-05545 Filed 3-15-22; 8:45 am]
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