Rule2021-17616
Safety Zone; Lake Michigan Filming Event, Chicago, IL
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 17, 2021
Effective
August 17, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone encompassing all navigable waters on Lake Michigan within a small area near the northeast corner of Navy Pier in Chicago, Illinois. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a filming event. Mariners are urged to use caution when transiting the area and to stay east of the marine event. During the enforcement period listed below, entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or a designated representative.
Full Text
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<title>Federal Register, Volume 86 Issue 156 (Tuesday, August 17, 2021)</title>
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[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Rules and Regulations]
[Pages 45862-45864]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17616]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0652]
RIN 1625-AA00
Safety Zone; Lake Michigan Filming Event, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing all navigable waters on Lake Michigan within a small area
near the northeast corner of Navy Pier in Chicago, Illinois. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by a filming event. Mariners
are urged to use caution when transiting the area and to stay east of
the marine event. During the enforcement period listed below, entry
into, transiting, or anchoring within the safety zone is prohibited
unless authorized by the Captain of the Port
[[Page 45863]]
Lake Michigan or a designated representative.
DATES: This rule is effective from 7 a.m. through 8 p.m. on August 17,
2021.
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-
2021-0652 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 James Fortin, Marine Safety Unit Chicago, U.S. Coast
Guard; telephone: (630) 986-2155, email: <a href="/cdn-cgi/l/email-protection#c783f7feea8380ea8a949284afaea4a6a0a8ea90a6b3a2b5b0a6beb487b2b4a4a0e9aaaeab"><span class="__cf_email__" data-cfemail="c286f2fbef8685ef8f919781aaaba1a3a5adef95a3b6a7b0b5a3bbb182b7b1a1a5ecafabae">[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
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard did not receive the final details for this event until
there was insufficient time remaining before the event to publish a
NPRM. Thus, delaying the effective date of this rule to wait for a
comment period to run would be impracticable because it would inhibit
the Coast Guard's ability to protect the public and vessels from the
hazards associated with the filming event occurring on August 17, 2021.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceeding paragraph, waiting for a 30-day notice period to run
would be impracticable.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). From 7 a.m. through 8 p.m. on August
17, 2021, a filming event involving floating debris will take place on
Lake Michigan near the northeast corner of Navy Pier in Chicago,
Illinois. The Captain of the Port Lake Michigan has determined that the
floating debris will pose a significant risk to public safety and
property. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone while
the filming event is taking place.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 7 a.m. through 8
p.m. on August 17, 2021. The safety zone will encompass all navigable
waters on Lake Michigan within a rectangle bounded by a line drawn
beginning at the northeast corner of Navy Pier, then extending north
150 feet, then 500 feet west, then 150 feet south, then east back to
the point of origin. The duration of the zone is intended to protect
personnel, vessels, and the marine environment on the navigable waters
of Lake Michigan. Mariners are urged to use caution when transiting the
area and are urged to stay north of the marine event. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the Captain of the Port Lake Michigan or a designated
representative.
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 and
duration of the safety zone. Local industry partners in the area have
been notified of the marine event and have been made aware that traffic
must stay north of the marine event. Moreover, the Coast Guard will
issue a Broadcast Notice to Mariners via VHF-FM Channel 16, on scene
designated representatives notifying boaters of the regulated area, and
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 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).
[[Page 45864]]
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 a
safety zone lasting 13 hoursencompassing all navigable waters on Lake
Michigan within a rectangle bounded by a line drawn near the northeast
corner of Navy Pier in Chicago, Illinois. 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. 0170.1.
0
2. Add Sec. 165.T09-065 to read as follows:
Sec. 165.T09-0652 Safety Zone; Lake Michigan, Chicago, IL.
(a) Location. The following area is a safety zone: All navigable
waters on Lake Michigan within a rectangle bounded by a line drawn
betinning at the northeast corner of Navy Pier, then extending north
150 feet, then 700 feet west, then 150 feet south, then east back to
the point of origin.
(b) Enforcement period. The safety zone will be regulated as
described in paragraph (a) is effective from 7 a.m. through 8 p.m. on
August 17, 2021.
(c) 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 (COTP) Lake Michigan in the
enforcement of the safety zone.
(d) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the COTP or a
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at 414-747-7190 or a designated
representative via VHF-FM radio on Channel 16, to request
authorization. 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.
Dated: August 11, 2021.
Donald P. Montoro,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2021-17616 Filed 8-16-21; 8:45 am]
BILLING CODE 9110-04-P
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