[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Proposed Rules]
[Pages 20825-20827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09821]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0212]
RIN 1625-AA00


Safety Zone; Tall Ships Challenge Great Lakes 2019, Buffalo, NY, 
Cleveland, OH, Bay City, MI, Green Bay, WI, Sturgeon Bay, WI, Kenosha, 
WI and Erie, PA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to create safety zones around each 
tall ship visiting the Great Lakes during the Tall Ships Challenge 2019 
race series. These safety zones will provide for the regulation of 
vessel traffic in the vicinity of each tall ship in the navigable 
waters of the United States. The Coast Guard is taking this action to 
safeguard participants and spectators from the hazards associated with 
the limited maneuverability of these tall ships and to ensure public 
safety during tall ships events. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 12, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0212 using the Federal eRulemaking 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: If you have questions about this 
proposed rulemaking, call or email LT Jason Radcliffe, 9th District 
Waterways Management, U.S. Coast Guard; telephone 216-902-6060, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    During the Tall Ships Challenge Great Lakes 2019, tall ships will 
be participating in maritime parades, training cruises, races, and 
mooring in the harbors of Buffalo, NY, Cleveland, OH, Bay City, MI, 
Green Bay, WI, Sturgeon Bay, WI, Kenosha, WI and Erie, PA. This is a 
tri-annual event that teaches character building and leadership through 
sail training. The Tall Ships event seeks to educate the public about 
both the historical aspects of sailing ships as well as their current 
use as training vessels for students. Tall ships are large, 
traditionally-rigged sailing vessels. The event will consist of 
festivals at each port of call, sail training cruises, tall ship 
parades, and races between the ports. More information regarding the 
Tall Ships Challenge 2019 and the participating vessels can be found 
at: https://tallshipsnetwork.com/series/tall-ships-challenge-great-lakes-2019/.
    At 12:01 a.m. June 28, 2019, a safety zone will be established 
around each tall ship participating in this event. The safety zone 
around each ship will remain in effect as the tall ships travel 
throughout the Great Lakes. The safety zones will terminate at 12:01 
a.m. on September 2, 2019.
    These safety zones are necessary to protect the tall ships from 
potential harm and to protect the public from the hazards associated 
with the limited maneuverability of tall sailing ships. When operating 
under sail, they require a substantial crew to manually turn the rudder 
and adjust the sails, therefore they cannot react as quickly as modern 
ships. Additionally, during parades of sail, the tall ships will be 
following a set course through a crowded harbor, and it is imperative 
that spectator craft stay clear since maneuvering the tall ships to 
avoid large crowds of spectator craft would not be possible. Due to the 
high profile nature and extensive publicity associated with this event, 
each Captain of the Port (COTP) expects a large number of spectators in 
confined areas adjacent to the tall ships. The combination of large 
numbers of recreational boaters, congested waterways, boaters crossing 
commercially transited waterways and low maneuverability of the tall 
ships could easily result in serious injuries or fatalities. Therefore, 
the Coast Guard will enforce a safety zone around each

[[Page 20826]]

ship to ensure the safety of both participants and spectators in these 
areas. The Coast Guard is proposing this rulemaking under authority in 
46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 0170.1.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish safety zones from 12:01 a.m. 
on June 28, 2019 until 12:01 a.m. on September 2, 2019. The safety 
zones would cover all navigable waters within 100 yards of a tall ship 
in the Great Lakes. The duration of the zone is intended to ensure the 
safety of vessels and these navigable waters during the 2019 Tall Ships 
Challenge. No vessel or person would be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative. If the tall ships are operating in a confined area such 
as a small harbor and there is not adequate room for vessels to stay 
out of the safety zone because of a lack of navigable water, then 
vessels will be permitted to operate within the safety zone and shall 
travel at the minimum speed necessary to maintain a safe course. The 
navigation rules shall apply at all times within the safety zone. 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. 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
would be able to safely transit around this safety zone or through it 
at slow speed in congested areas. Moreover, the Coast Guard would issue 
a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule would allow 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 
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 
safety zone 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact 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 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 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 contact 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 effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, 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 safety zone lasting more 
than one week. Normally such actions are categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a

[[Page 20827]]

significant environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0073 to read as follows:


Sec.  165.T09-0073  Safety Zone; Tall Ships Challenge Great Lakes 2019; 
Buffalo, NY, Cleveland, OH, Bay City, MI, Green Bay, WI, Sturgeon Bay, 
WI, Kenosha, WI and Erie, PA.

    (a) Definitions. The following definitions apply to this section:
    (1) Navigation rules means the Navigation Rules, International and 
Inland (See, 1972 COLREGS and 33 U.S.C. 2001 et seq.).
    (2) Official patrol means those persons designated by Captain of 
the Port Buffalo, Detroit, Sault Ste. Marie, Duluth and Lake Michigan 
to monitor a tall ship safety zone, permit entry into the zone, give 
legally enforceable orders to persons or vessels within the zone, and 
take other actions authorized by the cognizant Captain of the Port.
    (3) Public vessel means vessels owned, chartered, or operated by 
the United States or by a State or political subdivision thereof.
    (4) Tall ship means any sailing vessel participating in the Tall 
Ships Challenge 2019 in the Great Lakes.
    (b) Location. The following areas are safety zones: All navigable 
waters of the United States located in the Ninth Coast Guard District 
within a 100 yard radius of any tall ship.
    (c) Regulations.
    (1) No person or vessel is allowed within the safety zone unless 
authorized by the cognizant Captain of the Port, their designated 
representative, or the on-scene official patrol.
    (2) Persons or vessels operating within a confined harbor or 
channel, where there is not sufficient navigable water outside of the 
safety zone to safely maneuver are allowed to operate within the safety 
zone and shall travel at the minimum speed necessary to maintain a safe 
course. Vessels operating within the safety zone shall not come within 
25 yards of a tall ship unless authorized by the cognizant Captain of 
the Port, their designated representative, or the on-scene official 
patrol.
    (3) When a tall ship approaches any vessel that is moored or 
anchored, the stationary vessel must stay moored or anchored while it 
remains within the tall ship's safety zone unless ordered by or given 
permission from the cognizant Captain of the Port, their designated 
representative, or the on-scene official patrol to do otherwise.
    (d) Effective period. This rule is effective from 12:01 a.m. on 
Wednesday, June 28, 2019 through 12:01 a.m. on Monday September 2, 
2019.
    (e) Navigation Rules. The Navigation Rules shall apply at all times 
within a tall ships safety zone.

    Dated: May 8, 2019.
J.M. Nunan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2019-09821 Filed 5-10-19; 8:45 am]
BILLING CODE 9110-04-P