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.

Proposed Rules Federal Register

14814 

Vol. 87, No. 51 

Wednesday, March 16, 2022 

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. 

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 

D01-SMB-SecNY-Waterways@uscg.mil. 

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 

§ 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-theHudson, 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. 

BILLING CODE 9110–04–P 


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BILLING CODE 9110–04–C 

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 onscene 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 


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14816 Federal Register / Vol. 87, No. 51 / Wednesday, March 16, 2022 / Proposed Rules 

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 


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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 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T01–0904 to read as 

follows: 

§ 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 nonparticipant 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] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2022–0187; FRL–9606–01– 

R4] 

Air Plan Approval; GA; Updates to 

References to Appendix W Modeling 

Guidelines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of 

Georgia, through the Georgia 

Environmental Protection Division (GA 

EPD) on September 1, 2020. 

Specifically, EPA is proposing to 

approve updates to the incorporation by 

reference of federal prevention of 

significant deterioration (PSD) new 

source review (NSR) regulations in the 

Georgia SIP. Based on the proposal to 

approve this SIP revision, EPA is also 

proposing to convert the previous 

conditional approval regarding 

Georgia’s infrastructure SIP’s PSD 

elements for the 2015 Ozone National 

Ambient Air Quality Standard (NAAQS) 

to a full approval. EPA is proposing to 

approve these changes pursuant to the 

Clean Air Act (CAA or Act). 

DATES: Comments must be received on 

or before April 15, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2022–0187 at 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Josue Ortiz Borrero, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

The telephone number is (404) 562– 

8085. Mr. Ortiz Borrero can also be 

reached via electronic mail at 

ortizborrero.josue@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 1, 2015, EPA promulgated 

a revised primary and secondary 

NAAQS for ozone, revising the 8-hour 

ozone standards from 0.075 parts per 

million (ppm) to a new more protective 

level of 0.070 ppm. See 80 FR 65292 

(October 26, 2015). Pursuant to section 

110(a)(1) of the CAA, states are required 

to submit SIP revisions meeting the 

applicable requirements of section 

110(a)(2) within three years after 

promulgation of a new or revised 

NAAQS or within such shorter period 

as EPA may prescribe. Section 110(a)(2) 

requires states to address basic SIP 


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