[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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 [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 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


