35656 Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Rules and Regulations 

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 

■ 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. 

■ 2. Add § 165.T01–0134 to read as 

follows: 

§ 165.T01–0134 Safety Zone; Falls Bridge 

Project, Blue Hill, ME. 

(a) Locations. The following area is a 

safety zone: All navigable waters, from 

surface to bottom, within a 50-yard 

radius from the center of the Falls 

Bridge in Blue Hill, ME. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Northern New England (COTP) 

in the enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF–FM marine 

channel 16 or by contacting the Coast 

Guard Sector Northern New England 

Command Center at (207) 741–5465. 

Those in the safety zone must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(d) Enforcement period. This section 

is effective from July 1, 2022, through 

June 30, 2024, and subject to 

enforcement 24 hours a day. The Coast 

Guard will use Broadcast Notice to 

Mariners and Local Notice to Mariners 

to notify the public of this safety zone. 

Dated: June 6, 2022. 

A.E. Florentino, 

Captain, U.S. Coast Guard, Captain of the 

Port Northern New England. 

[FR Doc. 2022–12615 Filed 6–10–22; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 

jason.a.radcliffe2@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ 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 triannual 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 


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Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Rules and Regulations 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 onscene 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 onscene 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 


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35658 Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Rules and Regulations 

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 

■ 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. 

■ 2. Add § 165.T09–0163 to read as 

follows: 

§ 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 onscene 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 

POSTAL SERVICE 

39 CFR Part 111 

New Mailing Standards for Domestic 

Mailing Services Products 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: On April 6, 2022, the Postal 

Service (USPS®) filed a notice of 

mailing services price adjustments with 

the Postal Regulatory Commission 

(PRC), effective July 10, 2022. This final 

rule contains the revisions to Mailing 

Standards of the United States Postal 

Service, Domestic Mail Manual (DMM®) 

to implement the changes coincident 

with the price adjustments and other 

minor DMM changes. 

DATES: Effective July 10, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Doriane Harley at (202) 268–2537 or 

Dale Kennedy at (202) 268–6592. 

SUPPLEMENTARY INFORMATION: On May 

27, 2022, the PRC favorably reviewed 

the price adjustments proposed by the 

Postal Service. The price adjustments, 

and DMM revisions are scheduled to 

become effective on July 10, 2022. Final 

prices are available under Docket No. 

R2022–1 (Order No. 6188) on the Postal 

Regulatory Commission’s website at 

www.prc.gov. 

Qualified Business Reply Mail (QBRM) 

Uniform Rate 

The Postal Service is offering to 

replace the current pricing tiers with a 

uniform per-piece price for QBRM 

letters up to and including 3.5 ounces. 

The offering would also allow highvolume business reply mail customers 

to use the QBRM product. 

Direct Container Discount for 

Marketing Mail High Density Plus and 

Saturation Flats 

The Postal Service is offering 

discounts for USPS Marketing Mail 

Saturation Flats (including EDDM, not 

EDDM Retail) and High Density Plus 

Flats in 5-digit (direct) containers 

(pallets, sacks, and tubs). Currently, the 

Postal Service offers discounts for 

Carrier Route Flats and High Density 


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