Special Local Regulation; 2022 Horsepower on the Hudson, Hudson River, Castleton, NY
| Published date | 16 March 2022 |
| Record Number | 2022-05545 |
| Section | Proposed rules |
| Court | Coast Guard |
Federal Register, Volume 87 Issue 51 (Wednesday, March 16, 2022)
[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]
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Proposed Rules
Federal Register
________________________________________________________________________
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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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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