[Federal Register Volume 88, Number 52 (Friday, March 17, 2023)]
[Proposed Rules]
[Pages 16386-16389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05332]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2023-0015]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing a special local 
regulation on certain waters of the Hudson River near Castleton-on-
Hudson, NY, in support of the Horsepower on the Hudson event, 
reoccurring annually one day in August. 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 two regulated areas in a portion of the Hudson River 
near Castleton-on-Hudson, NY. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 17, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0015 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 MSTC S. Stevenson, Waterways Management Division, U.S. 
Coast Guard; telephone 718-354-4197, 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

[[Page 16387]]

II. Background, Purpose, and Legal Basis

    The Coast Guard established the first temporary Special Local 
Regulation titled ``Special Local Regulation; 2022 Horsepower on the 
Hudson, Hudson River, Castleton, NY,'' that was published in the 
Federal Register (87 FR 30800) on May 20, 2022. On December 19, 2022, 
the Coast Guard received an application for a Marine Event from the 
Castleton Boat Club for the Horsepower on the Hudson, which is expected 
to be an annually reoccurring event. The event will take place on the 
Hudson River near Castleton-on-the-Hudson, one day in August every 
year. The Captain of the Port New York (COTP) has determined that this 
event being held near marine traffic poses a significant risk to public 
safety and property and that establishing a permanent Special Local 
Regulation will more appropriately ensure adequate protections in place 
during the event. The event will consist of approximately 40 
participating vessels that will transit by the Castleton Boat Club at 
speeds exceeding 100 mph. The participating vessels are expected to 
maneuver at high speeds along the eastern shore of the Hudson River 
along Hudson River Lighted Buoy 202 (LLNR 38905) to Hudson River 
Lighted Buoy 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 an anticipated number of spectator crafts has the potential 
to result in serious injuries or fatalities. To protect the safety of 
all waterway users including event participants and spectators, this 
proposed rule would establish two regulated areas outside of the 
navigational channel that is not expected to impede routine vessel 
traffic within the navigational channel on the Hudson River. This 
proposed rulemaking aims 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 is proposing to establish a special local 
regulation on the Hudson River in the vicinity of Castleton-on-the-
Hudson, NY, encompassing all navigable waters of the Hudson River east 
of the navigable channel from the Hudson River Lighted Buoy 202 (LLNR 
38905) to Hudson River Lighted Buoy 204 (LLNR 38910) outside of the 
channel, and all waters of the Hudson River westward of the 
navigational channel from Hudson River Lighted Buoy 201 (LLNR 38903) to 
Hudson River Lighted Buoy 205 (LLNR 38915) outside of the channel. The 
event will take place annually one day in August. The high-speed 
demonstration will consist of approximately 40 vessels that will 
transit by the Castleton Boat Club at speeds exceeding 100 mph. The 
special local regulation will include two regulated areas that will be 
located outside of the navigational channel: a high-speed area and a 
spectator area. The high-speed area would encompass all navigable 
waters of the Hudson River east of the navigational channel from Hudson 
River Lighted Buoy 202 (LLNR 38905) to Hudson River Lighted Buoy 204 
(LLNR 38910) where all persons and vessels, except those persons and 
vessels participating in the high-speed boat demonstration event, would 
be 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 navigational channel. The 
spectator area would encompass 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.
    The duration of enforcement restrictions to the waterway in the 
areas is intended to ensure the safety of vessels, participants, 
spectators, and those transiting the area during the Horsepower on the 
Hudson event. Navigation rules would apply at all times within the 
areas. The Coast Guard would provide notice of the special local 
regulation's exact date and time by Local Notice to Mariners. The 
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. A summary of our analyses 
based on these statutes and Executive Orders follows.

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 special local regulation. With this 
special local regulation, the Coast Guard intends to allow marine 
traffic to transit via the main navigable channel. 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 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 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

[[Page 16388]]

via Local Notice to Mariners and Broadcast Notices 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 five 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-2023-0015 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 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.  100.111 to read as follows:

[[Page 16389]]

Sec.  100.111   Special Local Regulation; Horsepower on the Hudson, 
Hudson River, Castleton-on-Hudson, 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 Lighted Buoy 
204 (LLNR 38910) east of the navigable channel shoreward outside of the 
navigational channel.
    (2) 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 outside of the 
navigational channel.
    (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 Special Local Regulation.
    Participant means all persons and vessels registered with the event 
sponsor as a participant in the race.
    Spectator means any person or vessel including human-powered craft, 
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-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) No participant may transit at high-speed inside the high-speed 
zone when vessels are in or transiting through the navigational 
channel.
    (3) 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 regulated area must comply with all 
lawful orders or directions given to them by the COTP or the designated 
representative.
    (d) Effective period. This special local regulation is in effect 
annually on a date and time published in the Local Notice to Mariners.
    (e) Information broadcasts. The COTP or a designated representative 
will inform the public through Local Notice to Mariners and Broadcast 
Notices to Mariners of the enforcement period for the regulated area as 
well as any changes in the planned schedule.

    Dated: March 8, 2023.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2023-05332 Filed 3-16-23; 8:45 am]
BILLING CODE 9110-04-P