Rule2025-11203
Safety Zones; Erie, PA; Detroit, MI; Duluth, MN
Primary source
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Published
June 18, 2025
Effective
July 10, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing 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.
Full Text
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<title>Federal Register, Volume 90 Issue 116 (Wednesday, June 18, 2025)</title>
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[Federal Register Volume 90, Number 116 (Wednesday, June 18, 2025)]
[Rules and Regulations]
[Pages 25893-25895]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11203]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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.
DATES: This rule is effective from July 10, 2025 through October 1,
2025.
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-
2025-0135 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 about this rule,
call or email LTJG Jonathan Tripi, Ninth District Waterways Management,
U.S. Coast Guard; 216-902-6078, <a href="/cdn-cgi/l/email-protection#177d787976637f767939653963657e677e5762647470397a7e7b"><span class="__cf_email__" data-cfemail="aec4c1c0cfdac6cfc080dc80dadcc7dec7eedbddcdc980c3c7c2">[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
On October 2, 2024, Tall Ships America notified the Coast Guard
that from July 10, 2025 through October 1, 2025, it will be conducting
maritime parades, training cruises, races, and mooring in the ports of
Erie, PA, Detroit, MI, and Duluth, MN. In response, on May 1, 2025, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
Safety Zones; Erie, PA; Detroit, MI; Duluth, MN (90 FR 18635). There we
stated why we issued the NPRM and invited comments on our proposed
regulatory action related to these Tall Ship events. During the comment
period that ended June 2, 2025, we received zero comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034. The Captain of the Port (COTP) of the respective areas
expect 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
safety zones 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 no comments on our NPRM published May
1, 2025. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes safety zones from 12:01 a.m. on July 10, 2025
until 12:01 a.m. on October 1, 2025. The safety zones will 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
[[Page 25894]]
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.
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.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
This regulatory action determination is based on the size,
location, duration and time of day of the regulated area. 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 received zero 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 will 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 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 safety
zones lasting more than one week. 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.
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, 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. 01.4.
[[Page 25895]]
0
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 (COTP).
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 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. on July 10, 2025, to 12:01 a.m. on October 1, 2025.
Dated: June 9, 2025.
M.I. Kuperman,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard
District.
[FR Doc. 2025-11203 Filed 6-17-25; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 18, 2025.
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