[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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: [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 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]
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