Rule2023-12171
Special Local Regulation; Horsepower on the Hudson, Hudson River, Castleton-on-Hudson, NY
Primary source
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Published
June 7, 2023
Effective
July 7, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is 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, spectators, and mariners transiting the area from the dangers associated with vessels operating at high speeds during the Horsepower on the Hudson event. This final rule will allow the Coast Guard to enforce vessel movements within two regulated areas in a portion of the Hudson River near Castleton-on-Hudson, NY.
Full Text
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<title>Federal Register, Volume 88 Issue 109 (Wednesday, June 7, 2023)</title>
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[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Rules and Regulations]
[Pages 37145-37147]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12171]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0015]
RIN 1625-AA08
Special Local Regulation; Horsepower on the Hudson, Hudson River,
Castleton-on-Hudson, NY
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is 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, spectators, and mariners transiting the area from the
dangers associated with vessels operating at high speeds during the
Horsepower on the Hudson event. This final rule will allow the Coast
Guard to enforce vessel movements within two regulated areas in a
portion of the Hudson River near Castleton-on-Hudson, NY.
DATES: This rule is effective July 7, 2023.
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-
2023-0015 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 MSTC Stacy Stevenson, Waterways Management Division, U.S.
Coast Guard; telephone 718-354-4197, email <a href="/cdn-cgi/l/email-protection#7f3b4f4e522c323d522c1a1c312652281e0b1a0d081e060c3f0a0c1c1851121613"><span class="__cf_email__" data-cfemail="723642435f213f305f2117113c2b5f251306170005130b0132070111155c1f1b1e">[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 March 17, 2023, the Coast Guard published the Notice of Proposed
Rulemaking to establish a permanent Special Local Regulation for the
Horsepower on the Hudson event (88 FR 16386). There we stated why we
issued the NPRM and invited comments on our proposed regulatory action
related to this high-speed boating event. No comments were received
during the comment period, which ended April 17, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port New York (COTP) has determined that to
ensure the safety of participants, vessels, and the navigable waters in
the vicinity of the high-speed area and the spectator area before,
during, and after the event. The purpose of this rule is to protect all
waterway users, including event participants and spectators.
IV. Discussion of Comments, Changes, and the Rule
As noted above, no comments were received on the NPRM published
March 17, 2023. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule establishes a permanent special local regulation to be
enforced annually on one day in August. The special local regulation
establishes a high-speed area and a spectator zone on the navigable
waters of the Hudson River in the vicinity of Castleton-on-Hudson, NY.
With this special local regulation, the Coast Guard intends to allow
marine traffic to transit via the main navigable channel. 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 event.
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
[[Page 37146]]
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.
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 local waterway users will be notified in advance via public
Broadcast Notice to Mariners. This is 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 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
regulated areas 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:
[[Page 37147]]
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.111 to read as follows:
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 event.
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.
(d) Enforcement 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: June 1, 2023.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2023-12171 Filed 6-6-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 7, 2023.
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