[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 [www.gpo.gov]
[FR Doc No: 2024-15561]


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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.

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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 https://www.regulations.gov, 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 [email protected].

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.
     No commercial or recreational vessel traffic will be 
permitted.
     Road bridges on the Milwaukee River between Cherry Street 
and Michigan Street will remain in the down position.
     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.
     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