Rule2024-15561
Security Zones; 2024 Republican National Convention; Lake Michigan, Milwaukee Harbor, Kinnickinnic River, Menomonee River and Milwaukee River, Milwaukee, WI
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
July 17, 2024
Effective
July 13, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing temporary security zones and a safety zone for navigable waters within Lake Michigan, Milwaukee Harbor, Kinnickinnic River, Menomonee River, and Milwaukee River during the 2024 Republican National Convention. These actions are necessary to protect convention delegates, official parties, dignitaries, the public and surrounding waterways from terrorist acts, sabotage or other subversive acts, accidents, or other causes of a similar nature. Entry of vessels or persons into these zones is prohibited unless specifically authorized by the Captain of the Port Sector Lake Michigan or designated representative.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 137 (Wednesday, July 17, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Rules and Regulations]
[Pages 58064-58067]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15561]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0254]
RIN 1625-AA87
Security Zones; 2024 Republican National Convention; Lake
Michigan, Milwaukee Harbor, Kinnickinnic River, Menomonee River and
Milwaukee River, Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary security zones and a
safety zone for navigable waters within Lake Michigan, Milwaukee
Harbor, Kinnickinnic River, Menomonee River, and Milwaukee River during
the 2024 Republican National Convention. These actions are necessary to
protect convention delegates, official parties, dignitaries, the public
and surrounding waterways from terrorist acts, sabotage or other
subversive acts, accidents, or other causes of a similar nature. Entry
of vessels or persons into these zones is prohibited unless
specifically authorized by the Captain of the Port Sector Lake Michigan
or designated representative.
DATES: This rule is effective from 8 a.m. on July 13, 2024, to 3 a.m.
on July 19, 2024. All Security Zones will be enforced as needed with
actual notice.
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-
2024-0254 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
proposed rulemaking, call or email Chief Petty Officer Aaron Sunstrom,
Sector Lake Michigan Waterways Management Division, U.S. Coast Guard;
telephone 770-527-3964, email <a href="/cdn-cgi/l/email-protection#a2e3c3d0cdcc8cf08cf1d7ccd1d6d0cdcfe2d7d1c1c58ccfcbce"><span class="__cf_email__" data-cfemail="3d7c5c4f5253136f136e48534e494f52507d484e5e5a13505451">[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 under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule due to it being
impracticable and contrary to the public interest. Due to the sensitive
security issues related to the Republican National Convention,
providing a public notice and comment period would be contrary to the
security zone's intended objective of protecting VIPs and the public
because we cannot share the sensitive security information details
prior to the rule being published.
Also, 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. Delaying the effective date by
first publishing an NPRM and holding a comment period would be contrary
to the rule's objectives of ensuring safety of life on the navigable
waters and protection of the Republican National Convention and
accompanying high-ranking government officials.
III. Legal Authority and Need for Rule
The Coast Guard may issue security zone regulations under authority
in 46 U.S.C. 70051 and 70124. The Captain of the Port, Sector Lake
Michigan has determined that these temporary security zones are
necessary to provide for the security of the Republican National
Convention and the accompanying high-ranking government officials, and
to protect against sabotage or terrorist attacks to human life,
vessels, mariners, and waterfront venues at or near this event.
Additionally, the Coast Guard believes that, given the nature of
the First Amendment activity expected and likely type of vessels used
by individuals desiring to express their First Amendment rights--namely
kayaks and other small vessels--a safety zone designating a voluntary
First Amendment Area is necessary to ensure the safety of those vessels
and persons who chose to express their views safely and without
interference from, or interfering with, other maritime traffic.
IV. Discussion of the Rule
The Republican National Convention will take place in Milwaukee, WI
from July 13, 2024, until July 19, 2024. The Secretary of the
Department of Homeland Security has designated the 2024 Republican
National Convention as a National Special Security Event (NSSE). NSSE's
are significant events, which, due to their political, economic,
social, or religious significance, may render them particularly
attractive targets of terrorism or other criminal activity. The Federal
government provides support, assistance, and resources to state and
local governments to ensure public safety and security during NSSE's.
During this NSSE many high-ranking government officials will be
arriving in Milwaukee, WI. The Coast Guard is establishing several
security zones and a safety zone in portions of Lake Michigan,
Milwaukee Harbor, Kinnickinnic River, Menomonee River, and Milwaukee
River in Milwaukee, WI. Voluntary First Amendment Safety Zone 1
includes all waters of Lake Michigan within Milwaukee Harbor north of
Discovery World. The area is enclosed by a line connecting the
following points: starting at 43 02.62' N, 087 52.83' W, then west to
43 02.62' N, 087 53.21' W, then southwest to 43
[[Page 58065]]
02.55' N, 087 53.70' W, then south to 43 02.40' N, 087 53.76' W, then
southeast to 43 02.35' N, 087 52.91' W, then northeast to origin. This
zone will be enforced intermittently as necessary for the entire
duration of the event.
Security Zone 2 includes all waters of the Milwaukee River between
the Cherry Street Bridge and the Michigan Street Bridge. This zone will
be enforced intermittently as necessary for the entire duration of the
event as well as continuously from 8:00 a.m. on July 14, 2024, through
3:00 a.m. on July 19, 2024.
<bullet> No commercial or recreational vessel traffic will be
permitted.
<bullet> Road bridges on the Milwaukee River between Cherry Street
and Michigan Street will remain in the down position.
<bullet> Privately-owned vessels that are docked at the registered
owners' places of domicile within the maritime security zone on the
Milwaukee River between Cherry Street and Michigan Street may transit
the river so long as their vessels do not require the raising of road
bridges. Prior to departure from the dock and re-entry into the
maritime security zone, the vessel owner must contact the USCG on
channel 16 to request an escort.
[cir] If a privately-owned vessel that is docked within the
maritime security zone departs the maritime security zone, it will be
subject to screening prior to re-entry into the maritime security zone.
<bullet> All vessels docked within the maritime security zone may
remain stationary. Pedestrian screening is not required to access
stationary boats within the maritime security zone.
Security Zone 3 includes all waters of the Milwaukee River between
the North Humboldt Avenue Bridge and the Cherry Street Bridge. This
zone will be enforced intermittently as necessary for the entire
duration of the event.
Security Zone 4 includes all waters of the Milwaukee River from the
confluence with the Menomonee River at 43 01.92' N, 087 54.66' W then
north to the Michigan Street Bridge. This zone will be enforced
intermittently as necessary for the entire duration of the event.
Security Zone 5 includes all waters of the Milwaukee River from the
confluence with the Kinnickinnic River at 43 01.50' N, 087 54.18' W,
then northwest to confluence with Menomonee River at 43 01.92' N, 087
54.66' W. This zone will be enforced intermittently as necessary for
the entire duration of the event.
Security Zone 6 includes all waters of the Milwaukee River in the
vicinity of the Daniel W. Hoan Bridge. The area is enclosed by a line
connecting the following points: starting at 43 01.542' N, 087 54.127'
W, then east to 43 01.554' N, 087 53.757' W, then south to 43 01.511'
N, 087 53.689' W, then west to 43 01.443' N 087 54.111' W, then north
to origin. This zone will be enforced intermittently as necessary for
the entire duration of the event as well as continuously from 3:00 p.m.
on July 14, 2024, through 11:59 p.m. on July 14, 2024. Vessels greater
than or equal to 65 feet are prohibited from entry into, transiting, or
anchoring within this security zone unless authorized by the Captain of
the Port Lake Michigan or a designated representative. Vessels less
than or equal to 64 feet may transit through this security zone but are
prohibited from anchoring or loitering; the Captain of the Port Lake
Michigan or a designated representative reserves the right to prohibit
vessels less than or equal to 64 feet from transiting the security zone
as operations dictate.
Security Zone 7 includes all waters of the Menomonee River from the
confluence with the Milwaukee River at 43 01.92' N, 087 54.66' W, then
west to include the following: the Menomonee River to the North Emmber
Lane Bridge at 43 01.98' N, 087 55.74' W; the entire South Menomonee
Canal ending at 43 01.68' N, 087 55.74' W; and the entire Burnham Canal
ending at 43 01.56' N, 087 55.86' W. This zone will be enforced
intermittently as necessary for the entire duration of the event.
Security Zone 8 includes all waters of Lake Michigan within
Milwaukee Harbor, including the Lakeshore State Park Inlet and
Discovery World Lagoon; the area is enclosed by a line connecting the
following points: Starting at 43 02.276' N, 087 53.705' W, then
northeast to 43 02.311' N, 087 53.319' W, then south to 43 01.601' N,
087 53.323' W, then west to 43 01.560' N, 087 53.717' W, then north to
origin. This zone will be enforced intermittently as necessary for the
entire duration of the event as well as continuously from 8:00 a.m. on
July 13, 2024, through 11:59 p.m. on July 14, 2024.
Security Zone 9 includes all waters of Lake Michigan within
Milwaukee Harbor enclosed by a line connecting the following points:
Starting at 43 01.74' N, 087 53.07' W, then southwest to 43 01.56' N,
087 53.76' W, then southwest to 43 01.23' N, 087 53.86' W, then
southeast to 43 00.02' N, 087 53.28' W, then northeast to 43 00.49' N,
087 52.58' W, then northwest to origin. This zone will be enforced
intermittently as necessary for the entire duration of the event.
Security Zone 10 includes all waters of the Kinnickinnic River from
the confluence with the Milwaukee River at 43 01.50' N, 087 54.18' W
then south to the West Becher Street Bridge.
The security zones and accompanying security measures have been
specifically developed to protect convention delegates, official
parties, dignitaries, the public and surrounding waterways from
terrorist acts, sabotage or other subversive acts, accidents, or other
causes of a similar nature. No vessel or person will be permitted to
enter the security zones unless specifically authorized by the Captain
of the Port Sector Lake Michigan or 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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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 year of the security zone and safety
zone. The zones will impact a small, designated area and will be
enforced only during the event and event-related activities. The
security zones and safety zone will be in a location where commercial
vessel traffic is expected to be minimal during enforcement; commercial
vessel traffic will be authorized to transit the security zones to the
extent compatible with public safety and security. Persons and vessels
will be able to operate in the surrounding area adjacent to the
security zones and safety zone during the enforcement period and will
be able to enter within the security zones if authorized by the Captain
of the Port Lake Michigan or a designated representative. Moreover, the
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine
channel 16 identifying the continuously and intermittently security
zone locations, maritime restrictions, and enforcement dates.
[[Page 58066]]
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).
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 three
security zones which will be enforced for a span of several days
between July 13, 2024, through July 19, 2024, that will prohibit entry
within certain waters of the Milwaukee River and Milwaukee Harbor. It
is categorically excluded from further review under paragraph L60(c) 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, 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.
0
2. Add Sec. 165.T09-0254 to read as follows:
Sec. 165.T09-0254 Security Zones; 2024 Republican National
Convention; Lake Michigan and Milwaukee River, Milwaukee, WI
(a) Location. The following areas are security zones or safety
zones:
(1) Voluntary First Amendment Safety Zone 1: includes all waters of
Lake Michigan within Milwaukee Harbor north of Discovery World. The
area is enclosed by a line connecting the following points: starting at
43 02.62' N, 087 52.83' W, then west to 43 02.62' N, 087 53.21' W, then
southwest to 43 02.55' N, 087 53.70' W, then south to 43 02.40' N, 087
53.76' W, then southeast to 43 02.35' N, 087 52.91' W, then northeast
to origin.
(2) Security Zone 2: includes all waters of the Milwaukee River
between the Cherry Street Bridge and the Michigan Street Bridge.
(i) No commercial or recreational vessel traffic will be permitted
on the Milwaukee River between Cherry St. and Michigan St.
(ii) Road bridges on the Milwaukee River between Cherry St. and
Michigan St. will remain in the down position.
(iii) Privately-owned vessels that are docked at the registered
owners' places of domicile within the maritime security zone on the
Milwaukee River between Cherry Street and Michigan Street may transit
the river so long as their vessels do not require the raising of road
bridges. Prior to departure from the dock and re-entry into the
maritime security zone, the vessel owner must contact the USCG on
channel 16 to request an escort.
[[Page 58067]]
(iv) If a privately-owned vessel that is docked within the maritime
security zone departs the maritime security zone, it will be subject to
screening prior to re-entry into the maritime security zone.
(v) All vessels docked within the maritime security zone may remain
stationary. Pedestrian screening is not required to access stationary
boats within the maritime security zone.
(3) Security Zone 3: includes all waters of the Milwaukee River
between the North Humboldt Avenue Bridge and the Cherry Street Bridge.
(4) Security Zone 4: includes all waters of the Milwaukee River
from the confluence with the Menomonee River at 43 01.92' N, 087 54.66'
W then north to the Michigan Street Bridge.
(5) Security Zone 5: includes all waters of the Milwaukee River
from the confluence with the Kinnickinnic River at 43 01.50' N, 087
54.18' W, then northwest to confluence with Menomonee River at 43
01.92' N, 087 54.66' W.
(6) Security Zone 6: includes all waters of the Milwaukee River in
the vicinity of the Daniel W. Hoan Bridge. The area is enclosed by a
line connecting the following points: starting at 43 01.542' N, 087
54.127' W, then east to 43 01.554' N, 087 53.757' W, then south to 43
01.511' N, 087 53.689' W, then west to 43 01.443' N 087 54.111' W, then
north to origin. Vessels greater than or equal to 65 feet are
prohibited from entry into, transiting, or anchoring within this
security zone unless authorized by the Captain of the Port Lake
Michigan or a designated representative. Vessels less than or equal to
64 feet may transit through this security zone but are prohibited from
anchoring or loitering; the Captain of the Port Lake Michigan or a
designated representative reserves the right to prohibit vessels less
than or equal to 64 feet from transiting the security zone as
operations dictate.
(7) Security Zone 7: includes all waters of the Menomonee River
from the confluence with the Milwaukee River at 43 01.92' N, 087 54.66'
W, then west to include the following: The Menomonee River to the North
Emmber Lane Bridge at 43 01.98' N, 087 55.74' W; The entire South
Menomonee Canal ending at 43 01.68' N, 087 55.74' W; and the entire
Burnham Canal ending at 43 01.56' N, 087 55.86' W.
(8) Security Zone 8: includes all waters of Lake Michigan within
Milwaukee Harbor including the Lakeshore State Park Inlet and Discovery
World Lagoon. The area is enclosed by a line connecting the following
points: Starting at 43 02.276' N, 087 53.705' W, then northeast to 43
02.311' N, 087 53.319' W, then south to 43 01.601' N, 087 53.323' W,
then west to 43 01.560' N, 087 53.717' W, then north to origin.
(9) Security Zone 9: includes all waters of Lake Michigan within
Milwaukee Harbor. The area is enclosed by a line connecting the
following points: Starting at 43 01.74' N, 087 53.07' W, then southwest
to 43 01.56' N, 087 53.76' W, then southwest to 43 01.23' N, 087 53.86'
W, then southeast to 43 00.02' N, 087 53.28' W, then northeast to 43
00.49' N, 087 52.58' W, then northwest to origin.
(10) Security Zone 10: includes all waters of the Kinnickinnic
River from the confluence with the Milwaukee River at 43 01.50' N, 087
54.18' W then south to the West Becher Street Bridge.
(b) Enforcement period. This rule is effective from 8:00 a.m. on
July 13, 2024, to 3:00 a.m. on July 19, 2024. The Coast Guard will
issue Broadcast Notice to Mariners via VHF-FM marine channel 16
identifying the continuously and intermittently security zone
locations, maritime restrictions, and enforcement dates.
(1) Voluntary First Amendment Safety Zone 1 will be enforced
intermittently, as necessary from 8 a.m. on July 13, 2024, to 1 a.m. on
July 19, 2024.
(2) Security Zone 2 through 10 will be enforced intermittently, as
necessary from 8 a.m. on July 13, 2024, to 1 a.m. on July 19, 2024.
(3) Security Zone 2 will be enforced continuously from 8 a.m. on
July 14, 2024, through 3 a.m. on July 19, 2024.
(4) Security Zone 6 will be enforced continuously from 3 p.m. on
July 14, 2024, through 11:59 p.m. on July 14, 2024.
(5) Security Zone 8 will be enforced continuously from 8 a.m. on
July 13, 2024, through 11:59 p.m. on July 14, 2024.
(c) Regulations. (1) In accordance with the general regulations in
section Sec. 165.33, entry into, transiting, or anchoring within the
security zones described in paragraph (a) of this section is prohibited
unless authorized by the Captain of the Port Lake Michigan (COTP) or a
designated representative.
(2) The security zones are closed to all vessel traffic, except as
may be permitted by the COTP or a designated representative.
(3) The ``designated representative'' of the COTP is any Coast
Guard commissioned, warrant, or petty officer who has been designated
by the COTP to act on his or her behalf.
(4) Persons and vessel operators desiring to enter or operate
within the security zones must contact the COTP or an on-scene
representative to obtain permission to do so. The COTP or an on-scene
representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate within the security zones must
comply with all directions given to them by the COTP or an on-scene
representative.
Dated: July 9, 2024.
Joseph B. Parker,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2024-15561 Filed 7-12-24; 4:15 pm]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 17, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.