[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Unknown Section]
[Pages 58108-58110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24142]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0847]
RIN 1625-AA00


Safety Zone; Ryder Cup Captain's Duel Golf Shot, Chicago River, 
Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Chicago River near Chicago, Illinois. This zone is intended to restrict 
vessels from a portion of the Chicago River during a golfing event that 
will involve hitting golf balls from land onto a stationary barge in 
the river. This temporary safety zone is necessary to protect the 
public and their vessels from the hazards associated with golf balls 
being hit from land onto a stationary barge in the river.

DATES: This regulation is effective from 4 p.m. until 5 p.m. on 
September 26, 2011.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2011-0847 and are available online by going to 
http://www.regulations.gov, inserting USCG-2011-0847 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, contact or e-mail BM1 Adam Kraft, U.S. Coast Guard 
Sector Lake Michigan, at (414) 747-7148 or [email protected]. If 
you have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    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 an 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 notice of this golfing event was not 
received in sufficient time for the Coast Guard to solicit public 
comments before the start of the event. Thus, waiting for a notice and 
comment period to run would be impracticable and contrary to the public 
interest in that it would prevent the Coast Guard from protecting the 
public and vessels on navigable waters from the hazards associated with 
golf balls being hit from land onto a stationary barge in the river.
    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 preceding paragraph, a 30-day notice period would also be 
impracticable and contrary to the public interest.

Background and Purpose

    The Ryder Cup Captain's Duel Golf Shot event takes place on the 
Chicago River near Chicago, Illinois from 4 p.m. to 5 p.m. on September 
26, 2011. The Captain of the Port, Sector Lake Michigan has determined 
that this event may present significant hazards to public safety and 
property due to the fact that six golf balls will be hit from the 16th 
floor of the Trump Tower, onto a stationary barge located in the middle 
of the Chicago River.

Discussion of Rule

    Because of the aforesaid hazards, the Captain of the Port, Sector 
Lake Michigan has determined that a temporary safety zone is necessary 
to ensure the safety of spectators and vessels during the golfing 
event. The safety zone will encompass all waters of the Chicago River, 
near Chicago, Illinois, between the North Columbus Drive Bascule 
Bridge, located at approximate position 41[deg]53'19'' N, 
087[deg]37'13'' W and the Michigan Avenue bridge, located at 
approximate position 41[deg]53'21'' N, 087[deg]37'28'' W. (NAD 83).
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port, Sector Lake Michigan, or his or her 
designated representative. Entry into, transiting, or anchoring within 
the safety zone is prohibited unless authorized by the Captain of the 
Port, Sector Lake Michigan, or his or her designated representative. 
The Captain of the Port, Sector Lake Michigan, or his or her designated 
representative may be contacted via VHF Channel 16.

Regulatory Analyses

    We developed this temporary rule after considering numerous 
statutes and executive orders related to rulemaking. Below we summarize 
our analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under that those Orders.
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, will not adversely alter the 
budget of any grant or loan recipients, and will not raise any novel 
legal or policy issues.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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.
    This rule will affect the following entities, some of which might 
be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of the Chicago River, Chicago, IL 
between 4 p.m. and 5 p.m. on September 26, 2011.

[[Page 58109]]

    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: the 
safety zone will only be in effect for one hour on a single day and 
vessels will be allowed to pass through the safety zone when no 
conditions exist. In the event that this temporary safety zone affects 
shipping, commercial vessels may request permission from the Captain of 
The Port, Sector Lake Michigan, to transit through the safety zone. The 
Coast Guard will give notice to the public via a Broadcast to Mariners 
that the regulation is in effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This temporary rule calls for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A temporary rule has implications for federalism under Executive 
Order 13132, Federalism, if it has a substantial direct effect on State 
or local governments and would either preempt State law or impose a 
substantial direct cost of compliance on them. We have analyzed this 
rule under that Order and have determined that it does not have 
implications for federalism.

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 temporary rule 
elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded 
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction because this rule involves the establishment of a 
safety zone.
    A final environmental analysis checklist and categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping 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:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


[[Page 58110]]



0
2. Add Sec.  165.T09-0847 to read as follows:


Sec.  165.T09-0847  Safety Zone; Ryder Cup Captain's Duel Golf Shot, 
Chicago River, Chicago, Illinois.

    (a) Location. The safety zone will encompass all waters of the 
Chicago River, near Chicago, Illinois, between the North Columbus Drive 
Bascule Bridge, located at approximate position 41[deg]53'19'' N, 
087[deg]37'13'' W and the Michigan Avenue bridge, located at 
approximate position 41[deg]53'21'' N, 087[deg]37'28'' W. (NAD 83).
    (b) Effective and enforcement period. This regulation is effective 
and will be enforced from 4 p.m. until 5 p.m. on September 26, 2011. 
The Captain of the Port, Sector Lake Michigan, or his or her designated 
representative may terminate the enforcement of this safety zone at any 
time before the 5 p.m. on September 26, 2011.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port, Sector Lake Michigan, or his or her designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port, Sector Lake Michigan, or his 
or her designated representative.
    (3) The ``designated representative'' of the Captain of the Port, 
Sector Lake Michigan, is any Coast Guard commissioned, warrant or petty 
officer who has been designated by the Captain of the Port, Sector Lake 
Michigan, to act on his or her behalf. The designated representative of 
the Captain of the Port, Sector Lake Michigan, will be on the Trump 
Tower with event participants and will have constant radio 
communication with the Safety and Patrol vessels which will be provided 
by the Chicago Police Marine Unit.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port, Sector Lake Michigan, or 
his or her designated representative to obtain permission to do so. The 
Captain of the Port, Sector Lake Michigan, or his or her designated 
representative may be contacted via VHF Channel 16. Vessel operators 
given permission to enter or operate in the safety zone must comply 
with all directions given to them by the Captain of the Port, Sector 
Lake Michigan, or his or her designated representative.

    Dated: September 8, 2011.
M. W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2011-24142 Filed 9-19-11; 8:45 am]
BILLING CODE 9110-04-P