[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Rules and Regulations]
[Pages 29804-29806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13475]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is creating 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.

DATES: This rule is effective from 12:01 a.m. on June 28, 2019, through 
12:01 a.m. on September 2, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0212 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
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, Information and Regulatory History

    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. 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/.
    In response, on 13 May 2019, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Tall Ships Challenge Great Lakes 2019 
[84 FR 20825]. There we stated why we issued the NPRM, and invited 
comments on our proposed regulatory action. During the comment period 
that ended 12 June 2019, we received no comments.
    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 impracticable because immediate action is necessary 
to respond to the safety hazards associated with the imminent arrival 
of the Tall Ships fleet.
    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

[[Page 29805]]

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 ship to ensure 
the safety of both participants and spectators in these areas. The 
Coast Guard is making 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 Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 13 
May 2019. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM. The Coast Guard will establish safety 
zones from 12:01 a.m. on June 28, 2019 until 12:01 a.m. on September 2, 
2019. The safety zones will 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 appears at the end of this document.

IV. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.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 
contact 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 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 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 rule will not result in 
such an expenditure,

[[Page 29806]]

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 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 safety zone lasting more than one 
week. Normally such actions are categorically excluded from further 
review under paragraph L60(a) in Table 3-1 of U.S. Coast Guard 
Environmental Planning Implementing Procedures 5090.1. A 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 significant 
environmental impact from this 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.

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 amends 
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. 
0170.1.2.


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: June 20, 2019.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2019-13475 Filed 6-24-19; 8:45 am]
BILLING CODE 9110-04-P