[Federal Register Volume 90, Number 83 (Thursday, May 1, 2025)]
[Proposed Rules]
[Pages 18635-18637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07530]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0135]
RIN 625-AA00
Safety Zones; Erie, PA; Detroit, MI; Duluth, MN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish temporary safety
zones around each tall ship visiting the Great Lakes during the Tall
Ships Challenge 2025 race series beginning on July 10, 2025 through
October 1, 2025. 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 2, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0135 using the Federal Decision-Making 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. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LTJG Jonathan Tripi, Ninth District
Waterways Management, U.S. Coast Guard; 216-902-6078,
[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 2025 Great Lakes, tall ships will
be participating in maritime parades, training cruises, races, and
mooring in the ports of Erie, PA, Detroit, MI, and Duluth, MN on July
10, 2025 through October 1, 2025. 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.
The purpose of this rulemaking is 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, and, 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 because 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
[[Page 18636]]
will enforce safety zones 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.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish safety zones from 12:01 a.m.
on July 10, 2025 until 12:01 a.m. on October 1, 2025. The safety zones
would cover all navigable waters within 100 yards of a tall ship in the
Great Lakes. The duration of the zones are intended to ensure the
safety of vessels and these navigable waters during the 2025 Tall Ships
Challenge. No vessel or person would be permitted to enter the safety
zones 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 zones because of a lack of navigable water, then
vessels will be permitted to operate within the safety zones and must
travel at the minimum speed necessary to maintain a safe course.
Vessels operating in these confined areas may not operate within 25
yards of the tall ship, unless they receive authorization from the COTP
or a designated representative. The navigation rules must apply at all
times within any of the safety zones. 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.
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 section 3(f) of 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 these safety zones which would
not impact vessel traffic. Moreover, the Coast Guard will issue
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zones as well as giving the public notice via Local Notice to Mariners.
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 zones 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
(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 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 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 safety
zones 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
Record of Environmental Consideration supporting this determination is
available in the docket. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.
[[Page 18637]]
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 Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2025-0135 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. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
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2. Add Sec. 165.T09-0135 to read as follows:
Sec. 165.T09-0135 Safety Zones; Tall Ships Challenge Great Lakes
2025; Erie, PA, Detroit, MI, and Duluth, MN.
(a) Definitions. As used in this section:
Navigation rules means the Navigation Rules, International and
Inland (See, 1972 COLREGS and 33 U.S.C. 2001 et seq.).
Official patrol means those persons designated by Captain of the
Port: Erie, Detroit, and Duluth to monitor tall ship safety zones,
permit entry into the zones, give legally enforceable orders to persons
or vessels within the zones, and take other actions authorized by the
cognizant Captain of the Port.
Public vessel means vessels owned, chartered, or operated by the
United States or by a State or political subdivision thereof.
Tall ship means any sailing vessel participating in the Tall Ships
Challenge 2025 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 zones, 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 zones to safely maneuver, are not allowed to operate within the
safety zones unless authorized by the Captain of the Port (COTP),
designated representative, or the on-scene patrol officer.
(3) Persons or vessels authorized to operate within the safety
zones must travel at the minimum speed necessary to maintain a safe
course. Persons or vessels authorized to operate within the safety
zones must not come within 25 yards of a tall ship, unless authorized
by the COTP, designated representative, or the on-scene official
patrol.
(4) 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 zones unless ordered by or given
permission from the COTP, designated representative, or the on-scene
official patrol to do otherwise.
(d) Enforcement period. This section will be enforced from 12:01
a.m. July 10, 2025, to 12:01 a.m. October 1, 2025.
Dated: April 24, 2025.
J.P. Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2025-07530 Filed 4-30-25; 8:45 am]
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