[Federal Register Volume 87, Number 63 (Friday, April 1, 2022)]
[Proposed Rules]
[Pages 19039-19042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06559]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0163]
RIN 1625-AA00


Safety Zone; Tall Ships Challenge Great Lakes 2022; Erie, PA, 
Cleveland, OH, and Two Harbors, MN

AGENCY: Coast Guard, Homeland Security (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 2022 
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 May 2, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0163 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

[[Page 19040]]

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 216-902-6078, 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 2022, tall ships will 
be participating in maritime parades, training cruises, races, and 
mooring in the harbors of Erie, PA, Cleveland, OH, and Two Harbors, MN. 
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 2022 and the participating vessels can be found at 
https://www.tallshipschallenge.com/.
    At 12:01 a.m. June 24, 2022, 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 August 29, 2022.
    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 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; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; DHS Delegation No. 
0170.1.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish safety zones from 12:01 a.m. 
on June 24, 2022, until 12:01 a.m. on August 29, 2022. 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 2022 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. 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).
    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 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 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

[[Page 19041]]

(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 DHS Directive 023-01, 
Rev. 1, the associated DHS Instruction Manual 023-01-001-01, Rev. 1, 
and Commandant Instruction on Environmental Planning Policy 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 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. 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 eRulemaking Portal at https://www.regulations.gov. To do 
so, go to https://www.regulations.gov, type USCG-2022-0163 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 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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. 
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T09-0163 to read as follows:


Sec.  165.T09-0163  Safety Zone; Tall Ships Challenge Great Lakes 2022; 
Erie, PA, Cleveland, OH, and Two Harbors, MN.

    (a) Definitions. The following definitions apply to this section:
    (1) Navigation rules means the Navigation Rules, International and 
Inland (see, 1972 COLREGS (33 CFR chapter I, subchapters D and E) and 
33 U.S.C. 2001 et seq.).
    (2) Official patrol means those persons designated by Captain of 
the Port Buffalo and Sault Ste. Marie 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 2022 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

[[Page 19042]]

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 section is effective from 12:01 a.m. on 
June 24, 2022, through 12:01 a.m. on August 29, 2022.
    (e) Navigation rules. The navigation rules shall apply at all times 
within a tall ships safety zone.

    Dated: March 23, 2022.
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2022-06559 Filed 3-31-22; 8:45 am]
BILLING CODE 9110-04-P