Rule2022-12668
Safety Zone; Tall Ships Challenge Great Lakes 2022; Erie, PA, Cleveland, OH, and Two Harbors, MN
Primary source
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Published
June 13, 2022
Effective
June 24, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 113 (Monday, June 13, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#a1cbc0d2cecf8fc08fd3c0c5c2cdc8c7c7c493e1d4d2c2c68fccc8cd"><span class="__cf_email__" data-cfemail="325853415d5c1c531c405356515e5b5454570072474151551c5f5b5e">[email protected]</span></a>.
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
<a href="https://www.tallshipschallenge.com/">https://www.tallshipschallenge.com/</a>.
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]
BILLING CODE 9110-04-P
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