Special Local Regulation; Horsepower on the Hudson, Hudson River, Castleton-on-Hudson, NY, 16386-16389 [2023-05332]
Download as PDF
<![CDATA[
16386
Federal Register / Vol. 88, No. 52 / Friday, March 17, 2023 / Proposed Rules
List of Subjects in 22 CFR Part 42
Immigration, Passports and visas.
For the reasons stated in the
preamble, the Department proposes to
amend 22 CFR part 42 as follows:
PART 42—VISAS: DOCUMENTATION
OF IMMIGRANTS UNDER THE
IMMIGRATION AND NATIONALITY
ACT, AS AMENDED
1. The authority citation for part 42
continues to read as follows:
■
Authority: 8 U.S.C. 1104 and 1182; Pub.
L. 105–277, 112 Stat. 2681; Pub. L. 108–449,
118 Stat. 3469; The Convention on Protection
of Children and Co-operation in Respect of
Intercountry Adoption (done at the Hague,
May 29, 1993), S. Treaty Doc. 105–51 (1998),
1870 U.N.T.S. 167 (Reg. No. 31922 (1993));
42 U.S.C. 14901–14954 (Pub. L. 106–279, 114
Stat. 825); 8 U.S.C. 1101 (Pub. L. 111–287,
124 Stat. 3058); 8 U.S.C. 1154 (Pub. L. 109–
162, 119 Stat. 2960); 8 U.S.C. 1201 (Pub. L.
114–70, 129 Stat. 561).
§ 42.68
■
[Removed and reserved]
2. Remove and reserve § 42.68.
Julie Stufft,
Deputy Assistant Secretary for Visa Services,
Consular Affairs, Department of State.
[FR Doc. 2023–05410 Filed 3–16–23; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 226
[Docket No. BIA–2022–0006; 2231A2100DD/
AAKC001030/A0A501010.999900; OMB
Control Number 1076–0180, 1012–0004,
1012–0006]
RIN 1076–AF59
Mining of the Osage Mineral Estate for
Oil and Gas
Bureau of Indian Affairs,
Interior.
ACTION: Proposed rule; extension of
public comment period.
AGENCY:
The Bureau of Indian Affairs
(BIA) is extending the public comment
period for the proposed rule revising the
regulations governing leasing of the
Osage Nation’s mineral estate (‘‘Osage
Mineral Estate’’) for oil and gas mining.
Extending the public comment period
will allow more time for the public to
review the proposal and submit
comments.
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
Proposed Regulations: The
comment period for the proposed rule
published on January 13, 2023 (88 FR
2430), is extended. Comments must be
DATES:
VerDate Sep<11>2014
15:46 Mar 16, 2023
Jkt 259001
received by 11:59 p.m. EST on April 7,
2023.
ADDRESSES: Proposed Regulations: You
may submit your comments on the
proposed rule by any of the methods
listed below.
• Federal Rulemaking Portal: https://
www.regulations.gov. Enter ‘‘RIN 1076–
AF59’’ in the search box and click
‘‘Search.’’ Follow the instructions for
sending comments.
• Mail: U.S. Department of the
Interior, Eastern Oklahoma Region,
Bureau of Indian Affairs, Attn: Regional
Director, P.O. Box 8002, Muskogee, OK
74402. All submissions must include
the words ‘‘Bureau of Indian Affairs’’ or
‘‘BIA’’ and ‘‘RIN 1076–AF59.’’
• Hand Delivery/Courier: U.S.
Department of the Interior, Eastern
Oklahoma Region, Bureau of Indian
Affairs, Attn: Regional Director, 3100 W
Peak Boulevard, Muskogee, OK 74402.
FOR FURTHER INFORMATION CONTACT:
Oliver Whaley, Director, Office of
Regulatory Affairs and Collaborative
Action, Office of the Assistant
Secretary—Indian Affairs, (202) 738–
6065, comments@bia.gov.
SUPPLEMENTARY INFORMATION: On
January 13, 2023, the BIA published a
proposed rule in the Federal Register
(88 FR 2430) proposing to revise 25 CFR
part 226, Leasing of Osage Reservation
Lands for Oil and Gas Mining, to
strengthen the BIA’s management and
administration of the Osage Mineral
Estate. The proposed rule would allow
the BIA to strengthen management of
the Osage Mineral Estate by updating
bonding, royalty payment and reporting,
production valuation and measurement,
site security, and operational
requirements to address changes in
technology and industry standards that
have occurred in the 47 years since the
regulations were issued. The proposed
rule would also allow the BIA to
respond to recommendations made by
the Office of Inspector General, U.S.
Department of the Interior (OIG). The
public comment period for the proposed
rule is scheduled to close on Friday,
March 17, 2023. To give the public
additional time to review the proposed
revisions and provide comments, the
BIA is extending the public comment
period until Friday, April 7, 2023.
Comments previously submitted on the
proposed rule will be fully considered
in preparing the final rule and do not
need to be resubmitted.
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2023–05452 Filed 3–16–23; 8:45 am]
BILLING CODE 4337–15–P
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2023–0015]
RIN 1625–AA08
Special Local Regulation; Horsepower
on the Hudson, Hudson River,
Castleton-on-Hudson, NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes
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, 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 two regulated areas in a portion
of the Hudson River near Castleton-onHudson, NY. We invite your comments
on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 17, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0015 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.
SUMMARY:
For
information about this document call or
email MSTC S. Stevenson, Waterways
Management Division, U.S. Coast
Guard; telephone 718–354–4197, email
D01-SMB-SecNY-Waterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
E:\FR\FM\17MRP1.SGM
17MRP1
Federal Register / Vol. 88, No. 52 / Friday, March 17, 2023 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1
II. Background, Purpose, and Legal
Basis
The Coast Guard established the first
temporary Special Local Regulation
titled ‘‘Special Local Regulation; 2022
Horsepower on the Hudson, Hudson
River, Castleton, NY,’’ that was
published in the Federal Register (87
FR 30800) on May 20, 2022. On
December 19, 2022, the Coast Guard
received an application for a Marine
Event from the Castleton Boat Club for
the Horsepower on the Hudson, which
is expected to be an annually
reoccurring event. The event will take
place on the Hudson River near
Castleton-on-the-Hudson, one day in
August every year. The Captain of the
Port New York (COTP) has determined
that this event being held near marine
traffic poses a significant risk to public
safety and property and that
establishing a permanent Special Local
Regulation will more appropriately
ensure adequate protections in place
during the event. The event will consist
of approximately 40 participating
vessels that will transit by the Castleton
Boat Club at speeds exceeding 100 mph.
The participating vessels are expected to
maneuver at high speeds along the
eastern shore of the Hudson River along
Hudson River Lighted Buoy 202 (LLNR
38905) to Hudson River Lighted Buoy
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 an anticipated number of
spectator crafts has the potential to
result in serious injuries or fatalities. To
protect the safety of all waterway users
including event participants and
spectators, this proposed rule would
establish two regulated areas outside of
the navigational channel that is not
expected to impede routine vessel traffic
within the navigational channel on the
Hudson River. This proposed
rulemaking aims 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 is proposing to
establish a special local regulation on
VerDate Sep<11>2014
15:46 Mar 16, 2023
Jkt 259001
the Hudson River in the vicinity of
Castleton-on-the-Hudson, NY,
encompassing all navigable waters of
the Hudson River east of the navigable
channel from the Hudson River Lighted
Buoy 202 (LLNR 38905) to Hudson
River Lighted Buoy 204 (LLNR 38910)
outside of the channel, and all waters of
the Hudson River westward of the
navigational channel from Hudson River
Lighted Buoy 201 (LLNR 38903) to
Hudson River Lighted Buoy 205 (LLNR
38915) outside of the channel. The
event will take place annually one day
in August. The high-speed
demonstration will consist of
approximately 40 vessels that will
transit by the Castleton Boat Club at
speeds exceeding 100 mph. The special
local regulation will include two
regulated areas that will be located
outside of the navigational channel: a
high-speed area and a spectator area.
The high-speed area would encompass
all navigable waters of the Hudson River
east of the navigational channel from
Hudson River Lighted Buoy 202 (LLNR
38905) to Hudson River Lighted Buoy
204 (LLNR 38910) where all persons
and vessels, except those persons and
vessels participating in the high-speed
boat demonstration event, would be
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
navigational channel. The spectator
area would encompass 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.
The duration of enforcement
restrictions to the waterway in the areas
is intended to ensure the safety of
vessels, participants, spectators, and
those transiting the area during the
Horsepower on the Hudson event.
Navigation rules would apply at all
times within the areas. The Coast Guard
would provide notice of the special
local regulation’s exact date and time by
Local Notice to Mariners. The regulatory
text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
A summary of our analyses based on
these statutes and Executive Orders
follows.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
16387
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 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 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 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 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
E:\FR\FM\17MRP1.SGM
17MRP1
16388
Federal Register / Vol. 88, No. 52 / Friday, March 17, 2023 / Proposed Rules
via Local Notice to Mariners and
Broadcast Notices 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).
lotter on DSK11XQN23PROD with PROPOSALS1
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.
VerDate Sep<11>2014
15:46 Mar 16, 2023
Jkt 259001
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
five 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
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
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–2023–0015 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
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 § 100.111 to read as follows:
E:\FR\FM\17MRP1.SGM
17MRP1
Federal Register / Vol. 88, No. 52 / Friday, March 17, 2023 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1
§ 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 race.
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 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) No participant may transit at highspeed inside the high-speed zone when
vessels are in or transiting through the
navigational channel.
(3) 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
regulated area must comply with all
lawful orders or directions given to
them by the COTP or the designated
representative.
(d) Effective period. This special local
regulation is in effect annually on a date
and time published in the Local Notice
to Mariners.
VerDate Sep<11>2014
15:46 Mar 16, 2023
Jkt 259001
(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: March 8, 2023.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2023–05332 Filed 3–16–23; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 751
[EPA–HQ–OPPT–2021–0057; FRL–8332–04–
OCSPP]
RIN 2070–AK86
Asbestos Part 1: Chrysotile Asbestos;
Regulation of Certain Conditions of
Use Under Section 6(a) of the Toxic
Substances Control Act (TSCA); Notice
of Data Availability and Request for
Comment
Environmental Protection
Agency (EPA).
ACTION: Proposed rule, notice of data
availability.
AGENCY:
The Environmental Protection
Agency (EPA) is announcing the
availability of and soliciting public
comment on additional data received by
EPA related to the proposed rule for Part
1: Chrysotile Asbestos; Regulations of
Certain Conditions of Use under TSCA.
These additional data pertain to
chrysotile asbestos diaphragms used in
the chlor-alkali industry and chrysotile
asbestos-containing sheet gaskets used
in chemical production and may be
used by EPA in the development of the
final rule, including EPA’s
determination of what constitutes ‘‘as
soon as practicable’’ with regard to the
proposed chrysotile asbestos prohibition
compliance dates for these uses.
DATES: Comments must be received on
or before April 17, 2023.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2021–0057,
using the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
online instructions for submitting
comments. Do not submit electronically
any information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Additional
instructions on commenting or visiting
SUMMARY:
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
16389
the docket, along with more information
about dockets generally, is available at
https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Peter Gimlin, Existing Chemicals Risk
Management Division (7404M), Office of
Pollution Prevention and Toxics,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; telephone number: (202)
566–0515; email address: gimlin.peter@
epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In the Federal Register of April 12,
2022 (87 FR 21706 (FRL–8332–02–
OCSPP)), EPA proposed a rule under
TSCA section 6(a) to address the
unreasonable risk presented by
chrysotile asbestos under the conditions
of use evaluated in the Risk Evaluation
for Asbestos, Part 1: Chrysotile
Asbestos. EPA proposed to prohibit
manufacture (including import),
processing, distribution in commerce
and commercial use of chrysotile
asbestos for chrysotile asbestos
diaphragms for use in the chlor-alkali
industry and chrysotile asbestoscontaining sheet gaskets used in
chemical production, effective two years
after the effective date of the final rule,
which is 60 days after publication of the
final rule. EPA also proposed to prohibit
the manufacture (including import),
processing, distribution in commerce,
and commercial use of chrysotile
asbestos-containing brake blocks used in
the oil industry, aftermarket automotive
chrysotile asbestos-containing brakes/
linings, other chrysotile asbestoscontaining vehicle friction products,
and other chrysotile asbestos-containing
gaskets, effective 180 days after the
effective date of the final rule. EPA also
proposed to prohibit manufacture
(including import), processing, and
distribution in commerce of aftermarket
automotive chrysotile asbestoscontaining brakes/linings for consumer
use, and other chrysotile asbestoscontaining gaskets for consumer use,
effective 180 days after the effective date
of the final rule. Additionally, EPA
proposed disposal and related
recordkeeping requirements. In
accordance with TSCA section
6(c)(2)(A), EPA also discussed in the
preamble to the proposed rule a primary
alternative regulatory option to address
E:\FR\FM\17MRP1.SGM
17MRP1
]]>Agencies
[Federal Register Volume 88, Number 52 (Friday, March 17, 2023)]
[Proposed Rules]
[Pages 16386-16389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05332]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2023-0015]
RIN 1625-AA08
Special Local Regulation; Horsepower on the Hudson, Hudson River,
Castleton-on-Hudson, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes 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, 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 two regulated areas in a portion of the Hudson River
near Castleton-on-Hudson, NY. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 17, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0015 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 MSTC S. 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
[[Page 16387]]
II. Background, Purpose, and Legal Basis
The Coast Guard established the first temporary Special Local
Regulation titled ``Special Local Regulation; 2022 Horsepower on the
Hudson, Hudson River, Castleton, NY,'' that was published in the
Federal Register (87 FR 30800) on May 20, 2022. On December 19, 2022,
the Coast Guard received an application for a Marine Event from the
Castleton Boat Club for the Horsepower on the Hudson, which is expected
to be an annually reoccurring event. The event will take place on the
Hudson River near Castleton-on-the-Hudson, one day in August every
year. The Captain of the Port New York (COTP) has determined that this
event being held near marine traffic poses a significant risk to public
safety and property and that establishing a permanent Special Local
Regulation will more appropriately ensure adequate protections in place
during the event. The event will consist of approximately 40
participating vessels that will transit by the Castleton Boat Club at
speeds exceeding 100 mph. The participating vessels are expected to
maneuver at high speeds along the eastern shore of the Hudson River
along Hudson River Lighted Buoy 202 (LLNR 38905) to Hudson River
Lighted Buoy 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 an anticipated number of spectator crafts has the potential
to result in serious injuries or fatalities. To protect the safety of
all waterway users including event participants and spectators, this
proposed rule would establish two regulated areas outside of the
navigational channel that is not expected to impede routine vessel
traffic within the navigational channel on the Hudson River. This
proposed rulemaking aims 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 is proposing to establish a special local
regulation on the Hudson River in the vicinity of Castleton-on-the-
Hudson, NY, encompassing all navigable waters of the Hudson River east
of the navigable channel from the Hudson River Lighted Buoy 202 (LLNR
38905) to Hudson River Lighted Buoy 204 (LLNR 38910) outside of the
channel, and all waters of the Hudson River westward of the
navigational channel from Hudson River Lighted Buoy 201 (LLNR 38903) to
Hudson River Lighted Buoy 205 (LLNR 38915) outside of the channel. The
event will take place annually one day in August. The high-speed
demonstration will consist of approximately 40 vessels that will
transit by the Castleton Boat Club at speeds exceeding 100 mph. The
special local regulation will include two regulated areas that will be
located outside of the navigational channel: a high-speed area and a
spectator area. The high-speed area would encompass all navigable
waters of the Hudson River east of the navigational channel from Hudson
River Lighted Buoy 202 (LLNR 38905) to Hudson River Lighted Buoy 204
(LLNR 38910) where all persons and vessels, except those persons and
vessels participating in the high-speed boat demonstration event, would
be 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 navigational channel. The
spectator area would encompass 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.
The duration of enforcement restrictions to the waterway in the
areas is intended to ensure the safety of vessels, participants,
spectators, and those transiting the area during the Horsepower on the
Hudson event. Navigation rules would apply at all times within the
areas. The Coast Guard would provide notice of the special local
regulation's exact date and time by Local Notice to Mariners. The
regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. A summary of our analyses
based on these statutes and Executive Orders follows.
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 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 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 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 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
[[Page 16388]]
via Local Notice to Mariners and Broadcast Notices 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 five 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-2023-0015 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 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. 100.111 to read as follows:
[[Page 16389]]
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 race.
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.
(3) 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 regulated area must comply with all
lawful orders or directions given to them by the COTP or the designated
representative.
(d) Effective 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: March 8, 2023.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2023-05332 Filed 3-16-23; 8:45 am]
BILLING CODE 9110-04-P
