Safety and Security Zone; Lake Michigan at Chicago Harbor & Burnham Park Harbor, 68104-68105 [2024-18873]
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68104
Federal Register / Vol. 89, No. 164 / Friday, August 23, 2024 / Rules and Regulations
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.
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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
designating areas on the Hudson and
East Rivers where safety zones can be
established underneath drone shows. It
is categorically excluded from further
review under paragraph L60a 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
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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
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.
■
2. Add § 165.166 to read as follows:
§ 165.166 Safety Zones; Coast Guard
Captain of the Port New York Zone Drone
Displays.
(a) Locations. The following areas are
designated zones in which a safety zone
with a radius up to 500-yards will be
established for drone shows. The
establishment of a safety zone within a
designated zone requires the
coordinates defining the center of the
safety zone to be within the boundaries
of one of the zones described as follows:
(1) Hudson River Zone 1: All waters
of the Hudson River to include Morris
Canal Basin in the vicinity of lower
Manhattan, from surface to bottom,
encompassed by a line connecting the
following points beginning at
40°42′20.9″ N, 74°02′05.7″ W; traveling
north along the shoreline thence to
40°46′41.1″ N, 74°00′30.4″ W; thence to
40°46′22.2″ N, 73°59′38.3″ W; traveling
south along the shoreline thence to
40°42′02.0″ N, 74°00′51.1″ W; and back
to the point of origin.
(2) East River Zone 2: All waters of
the East River in the vicinity of lower
Manhattan, from surface to bottom,
encompassed by a line connecting the
following points beginning at
40°42′01.6″ N, 74°00′48.7″ W; traveling
north along the shoreline thence to
40°46′38.0″ N, 73°56′31.6″ W; thence to
40°46′33.2″N, 73°56′13.4″ W; traveling
south along the shoreline thence to
40°44′17.2″ N, 73°57′38.7″ W; thence to
40°44′11.6″ N, 73°57′37.0″ W;
continuing south along the shoreline
thence to 40°41′35.7″ N, 74°00′14.3″ W;
and back to the point of origin. These
coordinates are based on Datum WGS
84.
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(b) 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 New York Zone
in the enforcement of the safety zone.
Official Patrol Vessels means any
Coast Guard, Coast Guard Auxiliary,
state, or local law enforcement vessels
assigned as an on-scene representative
approved by the COTP.
Spectators means all persons and
vessels not registered with the event
sponsor as participants or official patrol
vessels.
(c) Regulations. (1) When enforced,
under the general safety zone
regulations in subpart C of this part, you
may not enter the safety zone described
in paragraph (a) of this section unless
authorized by the COTP or the COTP’s
designated representative.
(2) To seek permission to enter the
designated safety zone, contact the
COTP or the COTP’s Designated
Representative via VHF–FM Marine
Channel 16, or by contacting the Coast
Guard Sector New York command
center at 718–354–4356. 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.
(d) Enforcement periods. The COTP
will make notification of the exact dates
and times in advance of each
enforcement period for the locations
above in paragraph (a) of this section to
the local maritime community through
marine broadcasts, local notice to
mariners, local news media, distribution
in leaflet form, or by an on-scene oral
notice and signage.
Jonathan A. Andrechik,
Captain, U.S. Coast Guard, Captain of the
Port, Sector New York.
[FR Doc. 2024–18865 Filed 8–22–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2024–0748]
Safety and Security Zone; Lake
Michigan at Chicago Harbor &
Burnham Park Harbor
AGENCY:
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Coast Guard, DHS.
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Federal Register / Vol. 89, No. 164 / Friday, August 23, 2024 / Rules and Regulations
Notification of enforcement of
regulation.
ACTION:
The Coast Guard will enforce
the Lake Michigan at Chicago Harbor
and Burnham Park Harbor safety and
security zone on a portion of Lake
Michigan in Chicago, IL. 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 safety and security
zone is prohibited unless authorized by
the Captain of the Port Lake Michigan
or a designated Coast Guard or U.S.
Secret Service representative.
DATES: The regulations in 33 Code of
Federal Regulations (CFR) 165.904 will
be enforced from 12 p.m. on August 18,
2024 through 12 p.m. on August 23,
2024.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email LT James
Fortin, Waterways Management
Division, Marine Safety Unit Chicago,
U.S. Coast Guard; telephone: (630) 986–
2155, email: D09-SMB-MSUChicagoWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the Lake Michigan at
Chicago Harbor and Burnham Park
Harbor safety and security zone listed in
33 CFR 165.904 from 12 p.m. on August
18, 2024 through 12 p.m. on August 23,
2024. This safety and security zone
encompasses all waters of Lake
Michigan within Burnham Park Harbor
shoreward of a line across the entrance
of the harbor connecting coordinates
41°51′09″ N, 087°36′36″ W and
41°51′11″ N, 087°36′22″ W.
Pursuant to 33 CFR 165.904, 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. The designation of the
Captain of the Port Lake Michigan’s onscene 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
safety and security zone shall obey all
lawful orders or directions of the
Captain of the Port Lake Michigan or
U.S. Secret Service official.
This notice of enforcement is issued
under authority of 33 CFR 165.904, Lake
Michigan at Chicago Harbor & Burnham
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SUMMARY:
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Park Harbor—Safety and Security Zone
and 5 U.S.C. 552(a). In addition to this
notification of enforcement 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 may
be reached by contacting the Coast
Guard Sector Lake Michigan Command
Center at (414) 747–7182. An on-scene
designated representative may be
reached via VHF–FM Channel 16.
Dated: August 16, 2024.
Gregory J. Knoll,
Commander, U.S. Coast Guard, Alternate
Captain of the Port, Lake Michigan.
[FR Doc. 2024–18873 Filed 8–22–24; 8:45 am]
BILLING CODE 9110–04–P
68105
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: D09-SMB-MSUChicagoWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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
SUMMARY:
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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
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 highranking government officials.
III. Legal Authority and Need for Rule
The Coast Guard may issue security
zone regulations under authority in 46
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[Federal Register Volume 89, Number 164 (Friday, August 23, 2024)]
[Rules and Regulations]
[Pages 68104-68105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18873]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2024-0748]
Safety and Security Zone; Lake Michigan at Chicago Harbor &
Burnham Park Harbor
AGENCY: Coast Guard, DHS.
[[Page 68105]]
ACTION: Notification of enforcement of regulation.
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SUMMARY: The Coast Guard will enforce the Lake Michigan at Chicago
Harbor and Burnham Park Harbor safety and security zone on a portion of
Lake Michigan in Chicago, IL. 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 safety and security zone is
prohibited unless authorized by the Captain of the Port Lake Michigan
or a designated Coast Guard or U.S. Secret Service representative.
DATES: The regulations in 33 Code of Federal Regulations (CFR) 165.904
will be enforced from 12 p.m. on August 18, 2024 through 12 p.m. on
August 23, 2024.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, 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: The Coast Guard will enforce the Lake
Michigan at Chicago Harbor and Burnham Park Harbor safety and security
zone listed in 33 CFR 165.904 from 12 p.m. on August 18, 2024 through
12 p.m. on August 23, 2024. This safety and security zone encompasses
all waters of Lake Michigan within Burnham Park Harbor shoreward of a
line across the entrance of the harbor connecting coordinates
41[deg]51'09'' N, 087[deg]36'36'' W and 41[deg]51'11'' N,
087[deg]36'22'' W.
Pursuant to 33 CFR 165.904, 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. 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 safety and security zone shall obey all lawful orders or
directions of the Captain of the Port Lake Michigan or U.S. Secret
Service official.
This notice of enforcement is issued under authority of 33 CFR
165.904, Lake Michigan at Chicago Harbor & Burnham Park Harbor--Safety
and Security Zone and 5 U.S.C. 552(a). In addition to this notification
of enforcement 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 may
be reached by contacting the Coast Guard Sector Lake Michigan Command
Center at (414) 747-7182. An on-scene designated representative may be
reached via VHF-FM Channel 16.
Dated: August 16, 2024.
Gregory J. Knoll,
Commander, U.S. Coast Guard, Alternate Captain of the Port, Lake
Michigan.
[FR Doc. 2024-18873 Filed 8-22-24; 8:45 am]
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