Rule2022-10845
Special Local Regulation; 2022 Horsepower on the Hudson, Hudson River, Castleton, NY
Primary source
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Published
May 20, 2022
Effective
August 6, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing 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 6, 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 rulemaking will 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).
Full Text
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<title>Federal Register, Volume 87 Issue 98 (Friday, May 20, 2022)</title>
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[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Rules and Regulations]
[Pages 30800-30802]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10845]
[[Page 30800]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0904]
RIN 1625-AA08
Special Local Regulation; 2022 Horsepower on the Hudson, Hudson
River, Castleton, NY
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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 6, 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
rulemaking will 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).
DATES: This rule is effective from 10 a.m. through 4 p.m. on August 6,
2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0904 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email For information about this document call or email MST2 T.
Whitley, Waterways Management Division, U.S. Coast Guard; telephone
718-354-4356, email <a href="/cdn-cgi/l/email-protection#024632332f514f402f5167614c5b2f556376677075637b7142777161652c6f6b6e"><span class="__cf_email__" data-cfemail="e3a7d3d2ceb0aea1ceb08680adbaceb48297869194829a90a396908084cd8e8a8f">[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
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 Information and Regulatory History
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. In response, on March 16, 2022, the Coast Guard published
a notice of proposed rulemaking (NPRM) titled ``Special Local
Regulation; 2022 Horsepower on the Hudson, Hudson River, Castleton,
NY'' (87 FR 14814). There we stated why we issued the NPRM, and invited
comments on our proposed regulatory action related to this high speed
boating event. During the comment period that ended April 15, 2022, we
received one comment.
III. Legal Authority and Need for Rule
The Coast Guard is establishing a special local regulation for the
Horsepower on the Hudson event from 10 a.m. to 4 p.m. on August 6,
2022. The special local regulation will cover all navigable waters of
the Hudson River between Hudson River Lighted Buoy 202 (LLNR 38905) to
Hudson River Light 204 (LLNR 38910).
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port New York/New Jersey (COTP) has
determined that to ensure the safety of participants, vessels, and the
navigable waters in the vicinity of the high speed race route and the
spectator zone before, during, and after the scheduled event on August
06, 2022. The purpose of this rule is to protect all waterway users,
including event participants and spectators, during the event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published March
16, 2022. The comment was solely in favor of the rule. There are no
changes in the regulatory text of this rule from the proposed rule in
the NPRM.
This rule establishes a special local regulation from 10 a.m. to 4
p.m. on August 6, 2022. The special local regulation will cover all
navigable waters of the Hudson River between Hudson River Lighted Buoy
202 (LLNR 38905) to Hudson River Light 204 (LLNR 38910). The duration
of the special local regulation is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled 10 a.m. to 4 p.m. high speed event. No vessel or person will
be permitted to enter the regulated area without obtaining permission
from the COTP or a designated representative.
V. 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, 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 rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
Marine traffic will continue to be able 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 the main navigation channel will be
maintained allowing vessels to transit the 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.
Moreover, mariners may be able to transit the high speed area or
spectator areas with approval from the COTP.
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.
[[Page 30801]]
The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 rule. If the 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 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.
C. 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).
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 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 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. 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 involves a
regulated area lasting 6 hours that would limit persons or vessels from
transiting certain regulated areas during the scheduled event. It is
categorically excluded from further review under paragraph L[61] 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 locating the docket, see
the ADDRESSES section of this preamble.
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.
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 amends
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
[[Page 30802]]
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: May 16, 2022.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2022-10845 Filed 5-19-22; 8:45 am]
BILLING CODE 9110-04-P
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