[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Rules and Regulations]
[Pages 35656-35658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12668]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will 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.

DATES: This rule is effective from 12:01 a.m. June 24, 2022, until 
12:01 a.m. on August 29, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0163 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 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 Information and Regulatory History

    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/.
    In response, on 1 April 2022 the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Safety Zone; Tall Ships Challenge 
Great Lakes 2022; Erie, PA, Cleveland, OH, and Two Harbors, MN (87 FR 
19039). There we stated why we issued the NPRM, and invited comments on 
our proposed regulatory action related to this Tall Ships event. During 
the comment period that ended 2 May 2022 we received 03 comments from 
the public and 01 internal comment, all of which voiced support for the 
proposed rule.

III. Legal Authority and Need for Rule

    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. 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

[[Page 35657]]

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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received 04 comments on our NPRM published 01 
April 2022. An internal comment was received requesting flexibility for 
Captains of the Port to temporarily reduce the 100 yard safety zone 
down to 25 yards while ships are inport and moored. The intent of this 
request is to provide on-scene Coast Guard crews with a more scaleable 
solution to match enforcement logistics to unique local waterway 
layouts, narrow navigable channels, and transiting commercial vessel 
challenges.There is a change in the regulatory text of this rule from 
the proposed rule in the NPRM to reflect this revision.
    This section is effective from 12:01 a.m. on June 24, 2022, through 
12:01 a.m. on August 29, 2022. 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. 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. 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. 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. For Tall Ships securely moored inport, where local demands 
warrant, the Captain of the Port may temporarily reduce the 100 yard 
Safety Zone down to 25 yards.

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 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 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 00 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 
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

[[Page 35658]]

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 
safety zone surrounding each vessel participating in the 2022 Tall 
Ships Challenge in the Great Lakes from 12:01 a.m. on June 24, 2022, 
through 12:01 a.m. on August 29, 2022. It is 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 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 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:

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 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.
    (4) For tall ships securely moored inport, where local demands 
warrant, the Captain of the Port may temporarily reduce the 100 yard 
Safety Zone down to 25 yards.
    (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: June 6, 2022.
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2022-12668 Filed 6-10-22; 8:45 am]
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