Safety Zone; Lake Michigan Filming Event, Chicago, IL, 45862-45864 [2021-17616]

Download as PDF 45862 Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES eliminate a policy of imposing the maximum permissible term of supervised release as a consequence of the revocation of an earlier supervised release term for offenders sentenced under the D.C. Code. DATES: This regulation is effective August 17, 2021. Comments due on or before September 16, 2021. ADDRESSES: Submit your comments, identified by docket identification number USPC–2021–01 by one of the following methods: 1. Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. 2. Mail: Office of the General Counsel, U.S. Parole Commission, attention: USPC Rules Group, 90 K Street NE, Washington, DC 20530. FOR FURTHER INFORMATION CONTACT: Helen H. Krapels, General Counsel, U.S. Parole Commission, 90 K Street NE, Third Floor, Washington, DC 20530, telephone (202) 346–7030. Questions about this publication are welcome, but inquiries concerning individual cases cannot be answered over the telephone. SUPPLEMENTARY INFORMATION: Since 2000, the Commission has maintained a general policy at 28 CFR 2.218(e), that it would impose the maximum permissible term of supervised release as a consequence of the revocation of an earlier supervised release term for offenders sentenced under the D.C. Code. The policy was based on the judgment that, for most cases, a supervised release violator has, by virtue of committing violations that are serious enough to justify revocation, shown the need for further supervision to the limits allowed by law. Based upon its experience with the D.C. Code sentenced supervised releasees for over 20 years, the Commission has determined that this policy should be repealed. Under the reviewed regulation the Commission will retain the discretion to impose the maximum permissible term when it finds that the offender would benefit from a lengthier period of supervision, but there will no longer be a policy guiding that decision. The Commission is promulgating this rule as an interim rule and is providing a 30-day period for public comment. The revised rule will take effect upon publication in the Federal Register. Executive Orders 12866 and 13563 This regulation has been drafted and reviewed in accordance with Executive Order 12866, ‘‘Regulation Planning and Review,’’ section 1(b), Principles of Regulation, and in accordance with Executive Order 13565, ‘‘Improving VerDate Sep<11>2014 16:18 Aug 16, 2021 Jkt 253001 Regulation and Regulatory Review,’’ section 1(b), General Principles of Regulation. The Commission has determined that this rule is not a ‘‘significant regulatory action’’ under Executive Order 12866, section 3(f), Regulatory Planning and Review, and accordingly this rule has not been reviewed by the Office of Management and Budget. Executive Order 13132 This rule will not have substantial direct effects 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. Under Executive Order 13132, this rule does not have sufficient federalism implications requiring a Federalism Assessment. List of Subjects in 28 CFR Part 2 Administrative practice and procedure, Prisoners, Probation and Parole. The Interim Rule Accordingly, the U. S. Parole Commission amends 28 CFR part 2 as follows: PART 2—[AMENDED] 1. The authority citation for 28 CFR part 2 continues to read as follows: ■ Authority: 18 U.S.C. 4203(a)(1) and 4204(a)(6). ■ 2. Revise § 2.218(e) to read as follows: § 2.218 Revocation decisions. This rule will not have a significant economic impact upon a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 605(b). * * * * (e) If the Commission imposes a new term of imprisonment that is equal to the maximum term of imprisonment authorized by law or, in the case of a subsequent revocation, that uses up the remainder of the maximum term of imprisonment by law, the Commission may not impose a further term of supervised release. * * * * * Unfunded Mandates Reform Act of 1995 Patricia K. Cushwa, Chairman (Acting), U.S. Parole Commission. This rule will not cause State, local, or tribal governments, or the private sector, to spend $100,000,000 or more in any one year, and they will not significantly or uniquely affect small governments. No action under the Unfunded Mandates Reform Act of 1995 is necessary. [FR Doc. 2021–16447 Filed 8–16–21; 8:45 am] Small Business Regulatory Enforcement Fairness Act of 1996 (Subtitle E– Congressional Review Act) 33 CFR Part 165 Regulatory Flexibility Act * BILLING CODE 4410–31–P DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket Number USCG–2021–0652] RIN 1625–AA00 This rule is not a ‘‘major rule’’ as defined by Section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996 Subtitle E– Congressional Review Act, now codified at 5 U.S.C. 804(2). This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on the ability of United States-based companies to compete with foreign-based companies. Moreover, this is a rule of agency practice or procedure that does not substantially affect the rights or obligations of non-agency parties, and does not come within the meaning of the term ‘‘rule’’ as used in Section 804(3)(C), now codified at 5 U.S.C. 804(3)(C). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Safety Zone; Lake Michigan Filming Event, Chicago, IL Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone encompassing all navigable waters on Lake Michigan within a small area near the northeast corner of Navy Pier in Chicago, Illinois. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a filming event. Mariners are urged to use caution when transiting the area and to stay east of the marine event. During the enforcement period listed below, entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port SUMMARY: E:\FR\FM\17AUR1.SGM 17AUR1 Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations Lake Michigan or a designated representative. This rule is effective from 7 a.m. through 8 p.m. on August 17, 2021. DATES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0652 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ ADDRESSES: If you have questions on this rule, call or email LT James Fortin, Marine Safety Unit Chicago, U.S. Coast Guard; telephone: (630) 986–2155, email: D09DG-MSUChicago-Waterways@uscg.mil. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Table of Abbreviations 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 khammond on DSKJM1Z7X2PROD with RULES II. Background Information and Regulatory History The Coast Guard is issuing this temporary 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 doing so would be impracticable. The Coast Guard did not receive the final details for this event until there was insufficient time remaining before the event to publish a NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be impracticable because it would inhibit the Coast Guard’s ability to protect the public and vessels from the hazards associated with the filming event occurring on August 17, 2021. 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. For the same reasons discussed in the preceeding paragraph, waiting for a 30-day notice period to run would be impracticable. VerDate Sep<11>2014 16:18 Aug 16, 2021 Jkt 253001 III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). From 7 a.m. through 8 p.m. on August 17, 2021, a filming event involving floating debris will take place on Lake Michigan near the northeast corner of Navy Pier in Chicago, Illinois. The Captain of the Port Lake Michigan has determined that the floating debris will pose a significant risk to public safety and property. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the filming event is taking place. IV. Discussion of the Rule This rule establishes a temporary safety zone from 7 a.m. through 8 p.m. on August 17, 2021. The safety zone will encompass all navigable waters on Lake Michigan within a rectangle bounded by a line drawn beginning at the northeast corner of Navy Pier, then extending north 150 feet, then 500 feet west, then 150 feet south, then east back to the point of origin. The duration of the zone is intended to protect personnel, vessels, and the marine environment on the navigable waters of Lake Michigan. Mariners are urged to use caution when transiting the area and are urged to stay north of the marine event. No vessel or person will be permitted to enter the safety zone without obtaining permission from the Captain of the Port Lake Michigan or a 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 Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the size and duration of the safety zone. Local industry partners in the area have been notified of the marine event and have been made aware that traffic must stay north of the marine PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 45863 event. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via VHF–FM Channel 16, on scene designated representatives notifying boaters of the regulated area, and Local Notice to Mariners. 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). E:\FR\FM\17AUR1.SGM 17AUR1 45864 Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations 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. khammond on DSKJM1Z7X2PROD with RULES 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 a safety zone lasting 13 hoursencompassing all navigable waters on Lake Michigan within a rectangle bounded by a line drawn near the northeast corner of Navy Pier in Chicago, Illinois. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. A Record of Environmental Consideration supporting this determination is Jkt 253001 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. 7190 or a designated representative via VHF–FM radio on Channel 16, to request authorization. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. Dated: August 11, 2021. Donald P. Montoro, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. [FR Doc. 2021–17616 Filed 8–16–21; 8:45 am] BILLING CODE 9110–04–P 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: DEPARTMENT OF HOMELAND SECURITY PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS RIN 1625–AA00 1. The authority citation for part 165 continues to read as follows: 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. 16:18 Aug 16, 2021 G. Protest Activities ■ E. Unfunded Mandates Reform Act VerDate Sep<11>2014 available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T09–065 to read as follows: ■ § 165.T09–0652 Safety Zone; Lake Michigan, Chicago, IL. (a) Location. The following area is a safety zone: All navigable waters on Lake Michigan within a rectangle bounded by a line drawn betinning at the northeast corner of Navy Pier, then extending north 150 feet, then 700 feet west, then 150 feet south, then east back to the point of origin. (b) Enforcement period. The safety zone will be regulated as described in paragraph (a) is effective from 7 a.m. through 8 p.m. on August 17, 2021. (c) Definitions. As used in this section, ‘‘designated representative’’ means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port (COTP) Lake Michigan in the enforcement of the safety zone. (d) Regulations. (1) Under the general safety zone regulations in subpart C of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the COTP or a designated representative. (2) To seek permission to enter, contact the COTP or the COTP’s representative by telephone at 414–747– PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Coast Guard 33 CFR Part 165 Docket Number USCG–2021–0610 Safety Zone, Recurring Events in Captain of the Port Duluth—Bridgefest Regatta Fireworks Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard will enforce a safety zone for the Bridgefest Regatta Fireworks in Houghton, MI. This action is necessary to protect participants and spectators during the Bridgefest Regatta Fireworks. During the enforcement period, entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Duluth or their designated on-scene representative. DATES: This rule is effective from 9:15 p.m. through 9:45 p.m. on September 4, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0610 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ SUMMARY: If you have questions about this notice of enforcement, call or email LTJG Joseph R. McGinnis, telephone 218–725–3818, email DuluthWWM@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations 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 E:\FR\FM\17AUR1.SGM 17AUR1

Agencies

[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Rules and Regulations]
[Pages 45862-45864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17616]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0652]
RIN 1625-AA00


Safety Zone; Lake Michigan Filming Event, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone 
encompassing all navigable waters on Lake Michigan within a small area 
near the northeast corner of Navy Pier in Chicago, Illinois. The safety 
zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by a filming event. Mariners 
are urged to use caution when transiting the area and to stay east of 
the marine event. During the enforcement period listed below, entry 
into, transiting, or anchoring within the safety zone is prohibited 
unless authorized by the Captain of the Port

[[Page 45863]]

Lake Michigan or a designated representative.

DATES: This rule is effective from 7 a.m. through 8 p.m. on August 17, 
2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0652 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 on this rule, 
call or email LT James Fortin, 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 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 doing so would be impracticable. The 
Coast Guard did not receive the final details for this event until 
there was insufficient time remaining before the event to publish a 
NPRM. Thus, delaying the effective date of this rule to wait for a 
comment period to run would be impracticable because it would inhibit 
the Coast Guard's ability to protect the public and vessels from the 
hazards associated with the filming event occurring on August 17, 2021.
    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. For the same reasons discussed in 
the preceeding paragraph, waiting for a 30-day notice period to run 
would be impracticable.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). From 7 a.m. through 8 p.m. on August 
17, 2021, a filming event involving floating debris will take place on 
Lake Michigan near the northeast corner of Navy Pier in Chicago, 
Illinois. The Captain of the Port Lake Michigan has determined that the 
floating debris will pose a significant risk to public safety and 
property. This rule is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the safety zone while 
the filming event is taking place.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 7 a.m. through 8 
p.m. on August 17, 2021. The safety zone will encompass all navigable 
waters on Lake Michigan within a rectangle bounded by a line drawn 
beginning at the northeast corner of Navy Pier, then extending north 
150 feet, then 500 feet west, then 150 feet south, then east back to 
the point of origin. The duration of the zone is intended to protect 
personnel, vessels, and the marine environment on the navigable waters 
of Lake Michigan. Mariners are urged to use caution when transiting the 
area and are urged to stay north of the marine event. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the Captain of the Port Lake Michigan or a 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 Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the size and 
duration of the safety zone. Local industry partners in the area have 
been notified of the marine event and have been made aware that traffic 
must stay north of the marine event. Moreover, the Coast Guard will 
issue a Broadcast Notice to Mariners via VHF-FM Channel 16, on scene 
designated representatives notifying boaters of the regulated area, and 
Local Notice to Mariners.

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).

[[Page 45864]]

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 a 
safety zone lasting 13 hoursencompassing all navigable waters on Lake 
Michigan within a rectangle bounded by a line drawn near the northeast 
corner of Navy Pier in Chicago, Illinois. It is categorically excluded 
from further review under paragraph L60(a) 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T09-065 to read as follows:


Sec.  165.T09-0652  Safety Zone; Lake Michigan, Chicago, IL.

    (a) Location. The following area is a safety zone: All navigable 
waters on Lake Michigan within a rectangle bounded by a line drawn 
betinning at the northeast corner of Navy Pier, then extending north 
150 feet, then 700 feet west, then 150 feet south, then east back to 
the point of origin.
    (b) Enforcement period. The safety zone will be regulated as 
described in paragraph (a) is effective from 7 a.m. through 8 p.m. on 
August 17, 2021.
    (c) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel and a Federal, State, and local officer designated by or 
assisting the Captain of the Port (COTP) Lake Michigan in the 
enforcement of the safety zone.
    (d) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the COTP or a 
designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by telephone at 414-747-7190 or a designated 
representative via VHF-FM radio on Channel 16, to request 
authorization. Those in the safety zone must comply with all lawful 
orders or directions given to them by the COTP or the COTP's designated 
representative.

    Dated: August 11, 2021.
Donald P. Montoro,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2021-17616 Filed 8-16-21; 8:45 am]
BILLING CODE 9110-04-P
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