30800 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

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. 

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 https://

www.regulations.gov, 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 D01-SMB-SecNYWaterways@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 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. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 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 

■ 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 


khammond on DSKJM1Z7X2PROD with RULES
30802 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0026] 

RIN 1625–AA00 

Safety Zone; Lady Liberty Sharkfest 

Swim, Upper New York Harbor, Liberty 

Island NY 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 100-yard 

radius of each swimmer during the Lady 

Liberty Sharkfest Swim on July 16, 

2022. The safety zone is needed to 

protect the maritime public and event 

participants from the hazards associated 

with swim events taking place in a high 

vessel traffic area. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port New York or a 

designated representative. 

DATES: This rule is effective from 7 a.m. 

until 10 a.m. on July 16, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0026 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 MST1 L. Gutierrez, Waterways 

Management Division, U.S. Coast 

Guard; telephone 718–354–4352, email 

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The event sponsor notified the Coast 

Guard that it will be conducting the 

Lady Liberty Sharkfest Swim on July 16, 

2022, from 7:30 a.m. to 8:30 a.m. with 

approximately 200 participants and 

several support vessels. Participants 

will swim between Liberty Island, New 

York and Morris Canal, New Jersey. In 

response, on March 1, 2022, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) titled ‘‘Safety Zone; 

Lady Liberty Sharkfest Swim, Upper 

New York Harbor, Liberty Island, NY’’ 

(87 FR 11371). There we stated why we 

issued the NPRM, and invited 

comments on our proposed regulatory 

action related to this marine event. 

During the comment period that ended 

March 31, 2022, we received one 

comment. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port New York (COTP) 

has determined that potential hazards 

associated with swim events occurring 

in high traffic areas of the Upper New 

York Harbor on July 16, 2022, will be a 

safety concern for anyone within a 100- 

yard radius of swimmers. The purpose 

of this rule is to protect maritime public 

and event participants from the hazards 

associated with the swim event until the 

conclusion of the event. 

IV. Discussion of the Rule 

As noted above, we received one 

comment on our NPRM published 

March 1, 2022. This comment was in 

support 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 temporary 

safety zone within 100 yards of each 

participant for the swim event on the 

navigable waters of the Upper New York 

Bay located between Liberty Island, 

New York, and Morris Canal, New 

Jersey. A portion of the navigable waters 

will be closed during the effective 

period to all vessel traffic except patrol 

crafts. The swim event will occur from 

approximately 7:30 a.m. until 

approximately 8:30 a.m. on July 16, 

2022. In order to coordinate the safe 

movement of vessels within the area 

and to ensure that the area is clear of 

unauthorized persons and vessels 

before, during, and immediately after 

the swim event, this zone will be 

effective from approximately 7 a.m. 

until approximately 10 a.m. on July 16, 

2022. 

Vessels will still be able to transit the 

surrounding area and may be authorized 

to transit through the safety zone with 

the permission from the COTP or the 

designated representative. The COTP 

does not anticipate any negative impact 

on vessel traffic due to this safety zone. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive order 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. 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has not been 

designated a ‘‘significant regulatory 

action,’’ under Executive Order 12866. 

Accordingly, it has not been reviewed 

by the Office of Management and 

Budget. 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-year of the safety zone. 

Vessel traffic will be able to safely 

transit around this safety zone which 

will impact a small designated area of 

the Upper New York Harbor in vicinity 

of Ellis and Liberty Islands for 3 hours 

and during a time of day when vessel 

traffic is normally low. Moreover, the 

Coast Guard will issue Broadcast Notice 

to Mariners via VHF–FM marine 

channel 16 about the zone and the rule 

allows vessels to seek permission to 

enter the zone. 

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 


khammond on DSKJM1Z7X2PROD with RULES