Special Local Regulation; Horsepower on the Hudson, Hudson River, Castleton-on-Hudson, NY, 37145-37147 [2023-12171]
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Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Rules and Regulations
consumers by encouraging investments
by utilities in Advanced Cybersecurity
Technology and participation by
utilities in cybersecurity threat
information sharing programs, as
directed by the Infrastructure
Investment and Jobs Act of 2021.
DATES: The rule is effective July 3, 2023.
FOR FURTHER INFORMATION CONTACT:
Alan J. Rukin (Legal Information), Office
of the General Counsel, Federal Energy
Regulatory Commission, 888 First Street
NE, Washington, DC 20426, (202) 502–
8502, alan.rukin@ferc.gov.
SUPPLEMENTARY INFORMATION: In FR Doc.
2023–08929 appearing on pages 28348–
28380, in the Federal Register of
Wednesday, May 3, 2023, the following
corrections are made:
Dated: June 1, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023–12184 Filed 6–6–23; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
Preamble Corrections
1. On page 28373, in the second
column, the first sentence of paragraph
191 is corrected to read as follows:
Coast Guard
191. We note that § 35.48(j) to the
Commission’s regulations declares that
utilities may request CEII treatment for the
portions of their cybersecurity incentivebased rate filings that contains CEII. * * *
RIN 1625–AA08
2. On page 28374, in the third
column, the first sentence of paragraph
203 is corrected to read as follows:
203. We note that § 35.48(j) to the
Commission’s regulations declares that
utilities may request CEII treatment for the
portions of their cybersecurity incentivebased rate informational reports that contain
CEII. * * *
Regulatory Text Corrections
3. Starting on page 28377, in the
second column, and going through page
28378, in the second column, in
amendatory instruction 2 for § 35.48,
paragraphs (d) introductory text, (h)(1),
and (j) are corrected to read as follows:
■
§ 35.48
[Corrected]
*
lotter on DSK11XQN23PROD with RULES1
appropriate, any CEII submitted to the
Commission in a utility’s incentive
application made pursuant to paragraph
(h) of this section or contained in its
reporting requirements made pursuant
to paragraph (i) of this section shall be
filed consistent with part 388 of this
title.
*
*
*
*
*
*
*
*
*
(d) Eligibility criteria. Pursuant to
paragraphs (e) through (j) of this section,
a utility may receive incentive-based
rate treatment for a cybersecurity
investment that:
*
*
*
*
*
(h) * * *
(1) A demonstration that the
cybersecurity investment satisfies the
eligibility criteria, which includes an
attestation that cybersecurity investment
is not mandatory, as required by
paragraph (d)(2) of this section, and that
the resulting rate is just and reasonable
and not unduly discriminatory or
preferential;
*
*
*
*
*
(j) Transmittal of CEII in incentive
applications and annual reports. As
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33 CFR Part 100
[Docket Number USCG–2023–0015]
Special Local Regulation; Horsepower
on the Hudson, Hudson River,
Castleton-on-Hudson, NY
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
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-onHudson, NY.
DATES: This rule is effective July 7,
2023.
SUMMARY:
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.’’
ADDRESSES:
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 D01-SMB-SecNY-Waterways@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
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37145
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 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-onHudson, 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
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37146
Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Rules and Regulations
Executive orders, and we discuss First
Amendment rights of protestors.
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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
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Jkt 259001
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.
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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:
■
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Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Rules and Regulations
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
■
2. Add § 100.111 to read as follows:
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§ 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 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.
(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.
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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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0355]
RIN 1625–AA00
Safety Zone; Kanawha River,
Charleston, WV
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone for all
navigable waters of the Kanawha River
between mile markers 58.1 and 59.1.
The safety zone is needed to protect
personnel, vessels, and the marine
environment from the potential hazards
created by a fireworks display. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by Captain of the Port
Marine Safety Unit Huntington.
DATES: This rule is effective from 8:45
p.m. on June 30, 2023, through 10:15
p.m. on September 4, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0355 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions on this rule, call or
email MST1 Chelsea Zimmerman,
Marine Safety Unit Huntington, U.S.
Coast Guard; (304)733–0198,
Chelsea.M.Zimmerman@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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 Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
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37147
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because we
must establish the safety zone by June
30, 2023, and lack sufficient time to
request public comments and respond
to these comments before the safety
zone must be established. Waiting for a
full comment period to run would
inhibit the Coast Guard’s ability to keep
the public safe from the hazards
associated with a fireworks display and
the ability to minimize the impact to
vessel traffic on the navigable waterway.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the Nitro
Memorial Day Celebration taking place
on the Kanawha River between mile
marker 43 and mile marker 44.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Ohio Valley (COTP)
has determined that potential hazards
associated with Live on the Levee 2023
starting June 30, 2023, will be a safety
concern for anyone on the Kanawha
River from mile marker 58.1 to mile
marker 59.1. This rule is needed to
protect personnel, vessels, and the
marine environment from potential
hazards associated with a fireworks
display.
IV. Discussion of the Rule
This rule establishes a safety zone
from 8:45 p.m. through 10:15 p.m. on
June 30, 2023 with a rain date of July
1, 2023, or July 2, 2023, and a safety
zone from 8:45 p.m. through 10:15 p.m.
on July 4, 2023, with a rain date of
September 4, 2023. The safety zone will
cover all navigable waters between mile
markers 58.1 and 59.1 on the Kanawha
River. The duration of the safety zone is
intended to protect personnel, vessels,
and the marine environment from
potential hazards created by a fireworks
display.
No vessel or person will be permitted
to enter the safety zone without
obtaining permission from the COTP or
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]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
