Safety Zones; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone-Chicago Air and Water Show, 45647-45648 [2021-17422]

Download as PDF lotter on DSK11XQN23PROD with RULES1 Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations any Coast Guard commissioned, warrant or petty officer who has been authorized by the COTP to act on his behalf. Event Patrol Commander or Event PATCOM means a commissioned, warrant, or petty officer of the U.S. Coast Guard who has been designated by the Commander, Coast Guard Sector Maryland-National Capital Region. Official patrol means any vessel assigned or approved by Commander, Coast Guard Sector Maryland-National Capital Region with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. Participant means all persons and vessels registered with the event sponsor as participating in the ‘‘Southern Maryland Boat Club Piney Point Regatta’’ event, or otherwise designated by the event sponsor as having a function tied to the event. Race area is an area described by a line bound by coordinates provided in latitude and longitude that outlines the boundary of a race area within the regulated area defined by this section. Spectator means a person or vessel not registered with the event sponsor as participants or assigned as official patrols. Spectator area is an area described by a line bound by coordinates provided in latitude and longitude that outlines the boundary of a spectator area within the regulated area defined by this part. (c) Special local regulations. (1) The COTP Maryland-National Capital Region or Event PATCOM may forbid and control the movement of all vessels and persons, including event participants, in the regulated area described in paragraph (a)(1) of this section. When hailed or signaled by an official patrol, a vessel or person in the regulated area shall immediately comply with the directions given by the patrol. Failure to do so may result in the Coast Guard expelling the person or vessel from the area, issuing a citation for failure to comply, or both. The COTP Maryland-National Capital Region or Event PATCOM may terminate the event, or a participant’s operations at any time the COTP Maryland-National Capital Region or Event PATCOM believes it necessary to do so for the protection of life or property. (2) Except for participants and vessels already at berth, a person or vessel within the regulated area at the start of enforcement of this section must immediately depart the regulated area. (3) A spectator must contact the Event PATCOM to request permission to either enter or pass through the regulated area. The Event PATCOM, and official patrol vessels enforcing this regulated area, can be contacted on VerDate Sep<11>2014 16:35 Aug 13, 2021 Jkt 253001 marine band radio VHF–FM channel 16 (156.8 MHz) and channel 22A (157.1 MHz). If permission is granted, the spectator must enter the designated Spectator Area or pass directly through the regulated area as instructed by Event PATCOM. A vessel within the regulated area must operate at safe speed that minimizes wake. A spectator vessel must not loiter within the navigable channel while within the regulated area. (4) Only participant vessels and official patrol vessels are allowed to enter and remain within the race area. (5) Only participant vessels and official patrol vessels are allowed to enter and transit directly through the buffer area in order to arrive at or depart from the race area. (6) A person or vessel that desires to transit, moor, or anchor within the regulated area must obtain authorization from the COTP Maryland-National Capital Region or Event PATCOM. A person or vessel seeking such permission can contact the COTP Maryland-National Capital Region at telephone number 410–576–2693 or on Marine Band Radio, VHF–FM channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF–FM channel 16 (156.8 MHz). (7) The Coast Guard will publish a notice in the Fifth Coast Guard District Local Notice to Mariners and issue a marine information broadcast on VHF– FM marine band radio announcing specific event dates and times. (d) Enforcement officials. The Coast Guard may be assisted with marine event patrol and enforcement of the regulated area by other federal, state, and local agencies. (e) Enforcement period. This section will be enforced from 7:30 a.m. to 5 p.m. on October 2, 2021, and from 7:30 a.m. to 5 p.m. on October 3, 2021. Dated: August 10, 2021. David E. O’Connell, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2021–17442 Filed 8–13–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2021–0617] Safety Zones; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone— Chicago Air and Water Show AGENCY: PO 00000 Coast Guard, DHS. Frm 00027 Fmt 4700 Sfmt 4700 45647 Notification of enforcement of regulation. ACTION: The Coast Guard will enforce a safety zone for the Chicago Air and Water Show on a portion of Lake Michigan, from August 20, 2021 through August 22, 2021. This action is intended to protect the safety of life on the navigable waterway immediately before, during, and after this event. During the enforcement period listed below, no vessel may transit this safety zone without approval from the Captain of the Port Lake Michigan or a designated representative. DATES: The regulations in 33 Code of Federal Regulations (CFR) 165.929 Table 1 Event (16) will be enforced for the Chicago Air and Water Show from: 9 a.m. through 3 p.m. on August 20, 2021, and from 11 a.m. to 4 p.m. on both August 21, 2021, and August 22, 2021. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email Chief Petty Officer Michael Salviati, Marine Safety Unit Chicago, U.S. Coast Guard; telephone: 630–986–2155, email: Michael.C.Salviati@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety Zone; Chicago Air and Water Show listed in 33 Code of Federal Regulations (CFR) 165.929 Table (1) Event (16). Section 165.929 lists many annual events requiring safety zones in the Captain of the Port Lake Michigan zone. This safety zone encompasses all waters and adjacent shoreline of Lake Michigan and Chicago Harbor bounded by a line drawn from 41°55.900′ N at the shoreline, then east to 41°55.900′ N, 087°37.200′ W, then southeast to 41°54.000′ N, 087°36.000′ W, then southwestward to the northeast corner of the Jardine Water Filtration Plant, then due west to the shore. This safety zone will be enforced from 9 a.m. through 3 p.m. on August 20, 2021; and from 11 a.m. through 4 p.m. on both August 21, 2021, and August 22, 2021. All vessels must obtain permission from the Captain of the Port Lake Michigan, or his or her designated onscene representative to enter, move within, or exit this safety zone during the enforcement times listed in this notice of enforcement. Requests must be made in advance and approved by the Captain of the Port before transits will be authorized. Approvals will be granted on a case-by-case basis. Vessels and persons granted permission to enter the safety zone shall obey all lawful orders or directions of the Captain of the Port Lake Michigan or a designated onscene representative. SUMMARY: E:\FR\FM\16AUR1.SGM 16AUR1 45648 Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations This notice of enforcement is issued under authority of 33 CFR 165.929, Safety Zones; Annual events requiring safety zones in the Captain of the Port Lake Michigan zone, and 5 U.S.C. 552(a). In addition to this publication in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via Broadcast Notice to Mariners and Local Notice to Mariners. The Captain of the Port Lake Michigan or a designated on-scene representative may be contacted via VHF Channel 16 or (414) 747–7182. Dated: August 10, 2021. Donald P. Montoro, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2021–0553] RIN 1625–AA00 Safety Zone; Swim for Alligator Lighthouse, Islamorada, FL Coast Guard, DHS. Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone on certain navigable waters near Islamorada, Florida, during the Swim for Alligator Lighthouse open water swim event. A permanent safety zone exists for this event; however, for this year’s event the date has changed. This temporary safety zone is a short-term modification of the existing permanent safety zone, due to a change in the date for this year’s event. The safety zone is necessary to ensure the safety of event participants and spectators. Persons and non-participant vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port (COTP) Key West or a designated representative. DATES: This rule is effective from 7:30 a.m. until 4 p.m. on September 11, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0553 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:35 Aug 13, 2021 Jkt 253001 I. Table of Abbreviations COTP Captain of the Port CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History [FR Doc. 2021–17422 Filed 8–13–21; 8:45 am] ACTION: If you have questions on this rule, call or email Ensign Vera Max, Waterways Management Division Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305) 292–8768; e-mail SKWWaterways@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: The Coast Guard is issuing this temporary final 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 it is impracticable and contrary to the public interest. The Coast Guard did not receive necessary information from the event sponsor for this year’s event until July 10, 2021. The Coast Guard has an existing safety zone for this event in 33 CFR 165.786, Table to § 165.786, Line No. 9.1; however, the existing regulation only covers the event when it is scheduled on the third Saturday of September. 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 of this rule would be impracticable because the event is taking place on September 11, 2021, and immediate action is needed to respond to the potential safety hazards associated with this event. general public, vessels and the marine environment in the navigable waters within the safety zone during the Swim for Alligator Lighthouse open water swim event. IV. Discussion of the Rule This rule establishes a safety zone on September 11, 2021, for a period of 9 hours, from 7:30 a.m. to 4 p.m. The safety zone will cover all waters of the Atlantic Ocean beginning at a point Latitude 24°54.82′ N, longitude 080°38.03′ W, thence to latitude 24°54.36′ N, longitude 080°37.72′ W, thence to latitude 24°51.07′ N, longitude 080°37.14′ W, thence to latitude 24°54.36′ N, longitude 080°37.72′ W, thence to point of origin at latitude 24°54.82′ N, longitude 080°38.03′ W. The event course begins and ends at Amara Cay Resort in Islamorada, Florida, and extends through Hawks Channel, with a turnaround at Alligator Reef Lighthouse. Approximately 400 swimmers with kayak escorts and eight safety vessels are anticipated to participate in the event. The size and duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters during the open water swim. Persons and non-participant vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone without obtaining permission from the COTP Key West or a designated representative. If authorization to enter, transit through, anchor in, or remain within the safety zone is granted by the COTP Key West or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the COTP Key West or a designated representative. The Coast Guard will provide notice of the safety zone by Local Notice to Mariners, Broadcast Notice to Mariners, or by onscene designated representatives. III. Legal Authority and Need for Rule 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. The Coast Guard is issuing this rule under the authority in 46 U.S.C. 70034. The Captain of the Port Key West (COTP) has determined that potential hazards associated with open water swim events will be a safety concern for persons and vessels in the regulated area. This rule is needed to ensure the safety of the event participants, the 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. Executive Order 13771 directs agencies to control regulatory costs through a PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\16AUR1.SGM 16AUR1

Agencies

[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Rules and Regulations]
[Pages 45647-45648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17422]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2021-0617]


Safety Zones; Annual Events Requiring Safety Zones in the Captain 
of the Port Lake Michigan Zone--Chicago Air and Water Show

AGENCY: Coast Guard, DHS.

ACTION: Notification of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a safety zone for the Chicago Air 
and Water Show on a portion of Lake Michigan, from August 20, 2021 
through August 22, 2021. This action is intended to protect the safety 
of life on the navigable waterway immediately before, during, and after 
this event. During the enforcement period listed below, no vessel may 
transit this safety zone without approval from the Captain of the Port 
Lake Michigan or a designated representative.

DATES: The regulations in 33 Code of Federal Regulations (CFR) 165.929 
Table 1 Event (16) will be enforced for the Chicago Air and Water Show 
from: 9 a.m. through 3 p.m. on August 20, 2021, and from 11 a.m. to 4 
p.m. on both August 21, 2021, and August 22, 2021.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of enforcement, call or email Chief Petty Officer Michael 
Salviati, Marine Safety Unit Chicago, U.S. Coast Guard; telephone: 630-
986-2155, email: [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety 
Zone; Chicago Air and Water Show listed in 33 Code of Federal 
Regulations (CFR) 165.929 Table (1) Event (16). Section 165.929 lists 
many annual events requiring safety zones in the Captain of the Port 
Lake Michigan zone. This safety zone encompasses all waters and 
adjacent shoreline of Lake Michigan and Chicago Harbor bounded by a 
line drawn from 41[deg]55.900' N at the shoreline, then east to 
41[deg]55.900' N, 087[deg]37.200' W, then southeast to 41[deg]54.000' 
N, 087[deg]36.000' W, then southwestward to the northeast corner of the 
Jardine Water Filtration Plant, then due west to the shore. This safety 
zone will be enforced from 9 a.m. through 3 p.m. on August 20, 2021; 
and from 11 a.m. through 4 p.m. on both August 21, 2021, and August 22, 
2021.
    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 safety zone during the enforcement 
times listed in this notice of enforcement. Requests must be made in 
advance and approved by the Captain of the Port before transits will be 
authorized. Approvals will be granted on a case-by-case basis. Vessels 
and persons granted permission to enter the safety zone shall obey all 
lawful orders or directions of the Captain of the Port Lake Michigan or 
a designated on-scene representative.

[[Page 45648]]

    This notice of enforcement is issued under authority of 33 CFR 
165.929, Safety Zones; Annual events requiring safety zones in the 
Captain of the Port Lake Michigan zone, and 5 U.S.C. 552(a). In 
addition to this publication in the Federal Register, the Coast Guard 
will provide the maritime community with advance notification of this 
enforcement period via Broadcast Notice to Mariners and Local Notice to 
Mariners. The Captain of the Port Lake Michigan or a designated on-
scene representative may be contacted via VHF Channel 16 or (414) 747-
7182.

    Dated: August 10, 2021.
Donald P. Montoro,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2021-17422 Filed 8-13-21; 8:45 am]
BILLING CODE 9110-04-P


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