Rule2024-18872
Security Zone; Chicago River (Main Branch), North Branch Chicago River, South Branch Chicago River, Chicago, IL
Primary source
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Published
August 23, 2024
Effective
August 23, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard will establish a Security Zone on the Chicago River (Main Branch) between mile marker 325.6 (point at which the Chicago River connects to the South Branch Chicago River) and 100 yards extending past the end of the Chicago River covering the area of the Federal channel within Chicago Harbor and the North Branch Chicago River between mile marker 325.6 (point at which the North Branch Chicago River connects to the Chicago River-Main Branch and the South Branch Chicago River) and mile marker 331.4 (end of navigation channel). This action is intended to protect spectators and dignitaries associated with the Democratic National Convention. During the enforcement period listed below, entry into, transiting, or anchoring within the Security Zone if prohibited unless authorized by the Captain of the Port Lake Michigan or a designated Coast Guard or U.S. Secret Service Representative.
Full Text
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<title>Federal Register, Volume 89 Issue 164 (Friday, August 23, 2024)</title>
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[Federal Register Volume 89, Number 164 (Friday, August 23, 2024)]
[Rules and Regulations]
[Pages 68105-68107]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18872]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0749]
RIN 1625-AA87
Security Zone; Chicago River (Main Branch), North Branch Chicago
River, South Branch Chicago River, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard will establish a Security Zone on the Chicago
River (Main Branch) between mile marker 325.6 (point at which the
Chicago River connects to the South Branch Chicago River) and 100 yards
extending past the end of the Chicago River covering the area of the
Federal channel within Chicago Harbor and the North Branch Chicago
River between mile marker 325.6 (point at which the North Branch
Chicago River connects to the Chicago River-Main Branch and the South
Branch Chicago River) and mile marker 331.4 (end of navigation
channel). This action is intended to protect spectators and dignitaries
associated with the Democratic National Convention. During the
enforcement period listed below, entry into, transiting, or anchoring
within the Security Zone if prohibited unless authorized by the Captain
of the Port Lake Michigan or a designated Coast Guard or U.S. Secret
Service Representative.
DATES: For the purposes of enforcement, actual notice will be used from
August 18, 2024, until August 23, 2024. This rule is effective without
actual notice from August 23, 2024, through August 23, 2024.
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-
2024-0749 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
Temporary Final Rule, call or email LT James Fortin, Waterways
Management Division, Marine Safety Unit Chicago, U.S. Coast Guard;
telephone: (630) 986-2155, email: <a href="/cdn-cgi/l/email-protection#206410190d736d620d6d73756348494341474f0d77776d60555343470e4d494c"><span class="__cf_email__" data-cfemail="9bdfaba2b6c8d6d9b6d6c8ced8f3f2f8fafcf4b6ccccd6dbeee8f8fcb5f6f2f7">[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 Democratic 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 Democratic 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
[[Page 68106]]
U.S.C. 70051 and 70124. The Captain of the Port, Sector Lake Michigan
has determined that this temporary security zone is necessary to
provide for the security of the Democratic 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.
IV. Discussion of the Rule
The Democratic National Convention will take place in Chicago, IL
from August 18, 2024, until August 23, 2024. The Coast Guard will
enforce a Security Zone on the Chicago River (Main Branch) between mile
marker 325.6 (point at which the Chicago River connects to the South
Branch Chicago River) and 100 yards extending past the end of the
Chicago River covering the area of the Federal channel within Chicago
Harbor and the North Branch Chicago River between mile marker 325.6
(point at which the North Branch Chicago River connects to the Chicago
River-Main Branch and the South Branch Chicago River) and mile marker
331.4 (end of navigation channel). The regulations in 33 Code of
Federal Regulations (CFR) 165.T09-0749 will be enforced intermittently
from 12 p.m. on August 18, 2024, through 12 p.m. on August 23, 2024.
All vessels must obtain permission from the Captain of the Port
Lake Michigan, or his or her designated on-scene representative to
enter, move within, or exit this security zone during the enforcement
times listed in this temporary final rule. The designation of the
Captain of the Port Lake Michigan's on-scene representative need not be
in writing. Requests must be made in advance and approved by the
Captain of the Port or a designated on-scene representative before
transits will be authorized. Approvals will be granted on a case-by-
case basis. Vessels and persons granted permission to enter the
security zone shall obey all lawful orders or directions of the Captain
of the Port Lake Michigan or a designated on-scene representative.
This temporary final rule is issued under the authority of 46
U.S.C. 70051, 46 U.S.C. 70124, and 5 U.S.C. 552(a). In addition to this
temporary final rule in the Federal Register, the Coast Guard will
provide the maritime community with notification of this enforcement
period via Broadcast Notice to Mariners. The Captain of the Port Lake
Michigan or a designated on-scene representative may be contacted via
VHF-FM Channel 16 or (414) 747-7182.
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. The security
zone will impact a small, designated area and will be enforced only
during the event and event-related activities. The security zone will
be in a location where commercial vessel traffic is expected to be
significant during enforcement; commercial and recreational vessel
traffic will not be authorized to transit the security zone 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 zone during the enforcement period. Moreover, the Coast Guard
will issue Broadcast Notice to Mariners via VHF-FM marine channel 16
identifying the continuously and intermittently security zone location,
maritime restrictions, and enforcement dates.
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
near or adjacent the security 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.
[[Page 68107]]
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 one
security zone which will be enforced for a span of multiples days
during the timeframe stated above and will prohibit entry within
certain waters of the Chicago River. 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 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.T09-0749 to read as follows:
Sec. 165.T09-0749 Security Zone; Chicago River (Main Branch), North
Branch Chicago River, South Branch Chicago River, Chicago, IL.
(a) Location. The Security Zone consists of the following areas:
(1) South Branch Chicago River. All U.S. waters of the South Branch
Chicago River between mile marker 321.8 (point at which the South
Branch Chicago River connects to the Chicago Sanitary and Ship Canal)
and mile marker 325.6 (point at which the South branch Chicago River
connects to the Chicago River (Main Branch) and North Branch Chicago
River)
(2) Chicago River (Main Branch). All U.S. waters of the Chicago
River (Main Branch) between mile marker 325.6 (point at which the
Chicago River connects to the South Branch Chicago River) and 100 yards
extending past the end of the Chicago River covering the area of the
Federal channel within Chicago Harbor.
(3) North Branch Chicago River. All U.S. waters of the North Branch
Chicago River between mile marker 325.6 (point at which the North
Branch Chicago River connects to the Chicago River (Main Branch) and
the South Branch Chicago River) and mile marker 331.4 (end of
navigation channel).
(b) Effective period. This section is effective from 12 p.m. on
August 18, 2024, through 12 p.m. on August 23, 2024.
(c) Regulations. In accordance with the general regulations in
Sec. 165.33, unless otherwise provided in the special regulations in
subpart F of this part:
(1) No person or vessel may enter or remain in a security zone
without the permissions of the Captain of the Port.
(2) Each person and vessel in a security zone shall obey any
direction or order of the Captain of the Port;
(3) The Captain of the Port may take possession and control of any
vessel in the security zone;
(4) The Captain of the Port may remove any person, vessel, article,
or thing from a security zone;
(5) No person may board, or take or place any article or thing on
board, any vessel in a security zone without the permission of the
Captain of the Port; and
(5) No person may take or place any article or thing upon any
waterfront facility in a security zone without the permission of the
Captain of the Port.
(d) Enforcement period. The Captain of the Port, Sector Lake
Michigan, will enforce this security zone as necessary, in whole, in
segments, or by any combination of segments throughout the effective
period from 12 p.m. on August 18, 2024, through 12 p.m. on August 23,
2024.
Dated: August 16, 2024.
Gregory J. Knoll,
Commander, U.S. Coast Guard, Alternate Captain of the Port, Lake
Michigan.
[FR Doc. 2024-18872 Filed 8-22-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 23, 2024.
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