Safety Zone; Motion Picture Production; Chicago, IL, 51064-51067 [2013-20241]
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Federal Register / Vol. 78, No. 161 / Tuesday, August 20, 2013 / Rules and Regulations
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Authority: 33 U.S.C. 471; 1221 through
1236, 2030, 2035, 2071; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
the following boating clubs: Miramar
Yacht Club (718) 769–3548; Port
Sheepshead (917) 731–8607; or
Sheepshead Yacht Club (718) 891–0991.
(ii) [Reserved].
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PART 110—ANCHORAGE
REGULATIONS
1. The authority citation for part 110
continues to read as follows:
2. Amend § 110.60 by adding
paragraphs (c)(12) and (13) and (d)(8)(i)
and (ii) to read as follows:
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§ 110.60
Captain of the Port, New York.
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(c) * * *
(12) 79th Street Boat Basin South. All
waters of the Hudson River enclosed by
a line beginning at the northwest corner
of the 70th Street pier at approximate
position 40°46′47.10″ N, 073°59′29.13″
W; thence to 40°47′02.60″ N,
073°59′17.88″ W; thence to 40°46′59.73″
N, 073°59′13.01″ W; thence along the
shoreline and pier to the point of
beginning.
(13) 79th Street Boat Basin North. All
waters of the Hudson River enclosed by
a line beginning on the shoreline near
West 110th Street at approximate
position 40°48′21.06″ N, 073°58′15.72″
W; thence to 40°48′21.06″ N,
073°58′24.00″ W; thence to 40°47′14.70″
N, 073°59′09.00″ W; thence to
40°47′11.84″ N, 073°59′08.90″ W; thence
along the breakwater and shoreline to
the point of beginning.
(i) The anchoring of vessels and use
of the moorings in anchorage areas
described in paragraphs (c)(12) and (13)
of this section will be under the
supervision of the local Harbor Master
appointed by the City of New York.
Mariners may contact the boat basin on
VHF CH 9 or at (212) 496–2105 for
mooring and anchoring availability. All
moorings or anchors shall be placed
well within the anchorage areas so that
no portion of the hull or rigging will at
any time extend outside of the
anchorage.
(ii) [Reserved.]
(d) * * *
(8) * * *
(i) The anchoring of vessels and use
of the moorings in anchorage areas
described in paragraphs (d)(6) through
(8) of this section will be under the
supervision of the local Harbor Master
appointed by the City of New York.
Mariners may contact the Harbor Master
at (718) 478–0480. All moorings or
anchors shall be placed well within the
anchorage areas so that no portion of the
hull or rigging will at any time extend
outside of the anchorage. For guest
moorings and access to and from the
anchorage areas described in paragraphs
(d)(6) through (8) mariners may contact
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3. Amend § 110.155 by revising
paragraph (l)(8) to read as follows:
§ 110.155
Port of New York.
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(l) * * *
(8) Operations near commercial
mooring buoys permitted by the District
Engineer, U.S. Army Corps of Engineers.
(i) No vessel shall continuously
occupy a mooring when a vessel in
regular traffic requires the berth or when
navigation would be menaced or
inconvenienced thereby.
(ii) No vessel shall moor or anchor in
any anchorage in such a manner as to
interfere with the use of a duly
authorized mooring buoy. Nor shall any
vessel moored to a buoy authorized by
the District Engineer, U.S. Army Corps
of Engineers be moored such that any
portion of that vessel comes within 50
feet of a marked or dredged channel.
(iii) No vessel shall be operated
within the limits of an anchorage at
speed exceeding 6 knots when in the
vicinity of a moored vessel.
(iv) In an emergency the Captain of
the Port may shift the position of any
unattended vessel moored in or near
any anchorage.
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Dated: May 2, 2013.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2013–19981 Filed 8–19–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Table of Acronyms
Coast Guard
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
33 CFR Part 165
[Docket No. USCG–2013–0676]
RIN 1625–AA00
Safety Zone; Motion Picture
Production; Chicago, IL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing five temporary safety zones
on waterways near Chicago, IL. These
safety zones are intended to restrict
vessels from portions of Chicago
waterways due to the filming of a
SUMMARY:
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motion picture. These temporary safety
zones are necessary to protect the
surrounding public and vessels from the
hazards associated with the stunt work,
low-flying helicopter, and other hazards
involved in the filming of a motion
picture.
DATES: This rule is effective from 6 a.m.
on August 20, 2013, until 9 p.m. on
September 30, 2013. This rule will be
enforced from 6 a.m. to 9 p.m. on
intermittent dates from August 20
through September 30, 2013. The Coast
Guard will issue a Broadcast Notice to
Mariners to provide the public with
advanced notice of those days that these
safety zones will be enforced. The Coast
Guard on-scene Captain of the Port
Representative will provide actual
notice on-scene.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0676. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 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 email MST1 Joseph
McCollum, U.S. Coast Guard Sector
Lake Michigan, at 414–747–7148 or
Joseph.P.McCollum@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
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A. Regulatory History and 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 the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
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553(b)(B), the Coast Guard finds that
good cause exists for not publishing an
NPRM with respect to this rule because
doing so would be impracticable and
contrary to the public interest. The final
details for this event were not known to
the Coast Guard until there was
insufficient time remaining before the
event to publish an NPRM. Thus,
delaying the effective date of this rule to
wait for a comment period to run would
be both impracticable and contrary to
the public interest because it would
inhibit the Coast Guard’s ability to
protect spectators and vessels from the
hazards associated with the filming of a
motion picture, which are discussed
further below.
Under 5 U.S.C. 553(d)(3), The Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register for the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and limited
access areas: 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,
160.5; Pub. L. 107–295, 116 Stat. 2064;
Department of Homeland Security
Delegation No. 0170.1.
From August 20 through September
30, 2013 the Coast Guard anticipates
that a motion picture corporation will
film scenes for a motion picture on the
Chicago River, Calumet Harbor, and
Chicago Sanitary and Ship Canal. In late
September, stunt work involving a crane
is expected to be filmed at the North
Slip, a waterway within Calumet Harbor
north of the mouth of the Calumet River.
During the last week of August and
early September, the motion picture
corporation is expected to film the
length of the main Branch of the
Chicago River using a low-flying
helicopter and/or multiple boats. During
that time, filming is also expected along
the south branch of the Chicago River
from the confluence of the branches
then south to the vicinity of the West
Van Buren Street Bridge. In midSeptember, a low-flying helicopter is
expected to film in the vicinity of West
Roosevelt Road on the south branch of
the river. In mid-September the Coast
Guard also anticipates filming and stunt
work on the Chicago Sanitary and Ship
Canal in the vicinity of the South
Damen Avenue bridge.
The Captain of the Port, Lake
Michigan, has determined that this
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filming event—with associated stunt
work and low-flying helicopters—will
pose a significant risk to public safety
and property. Such hazards include the
collision of stunt, film, and spectator
vessels in a congested area. Other
hazards include falling wreckage, as
well as injuries associated with debris
propelled by helicopter rotor-wash.
The Coast Guard anticipates that the
safety zones created by this temporary
rule will not be enforced every day
between August 20 and September 30,
2013. Because of the possibility of bad
weather on one or more of the filming
days listed above, and considering the
unpredictability involved in filming a
motion picture, this rule was written
with a wider range of dates and times
to give the Coast Guard flexibility to
accommodate changes in the film
schedule between August 20 and
September 30, 2013.
C. Discussion of the Final Rule
With the aforementioned hazards in
mind, the Captain of the Port, Lake
Michigan, has determined that five
temporary safety zones are necessary to
ensure the safety of persons and vessels
during the filming of a motion picture
on the Chicago River, Chicago Sanitary
and Ship Canal, and Calumet Harbor.
This rule is effective from 6 a.m. on
August 20 until 9 p.m. on September 30,
2013. This rule will be enforced from 6
a.m. to 9 p.m. on intermittent dates from
August 20 through September 30, 2013.
During this date range, these safety
zones will be enforced during the time
of filming and associated stunt work,
between 6 a.m. and 9 p.m. The Coast
Guard will issue a Broadcast Notice to
Mariners to provide the public with
advanced notice of those days that these
safety zones will be enforced. The Coast
Guard on-scene Captain of the Port
Representative will provide actual
notice on-scene.
Five safety zones will be established
as follows:
(1) All waters of Lake Michigan,
Calumet Harbor west of an imaginary
line connecting 41°44′29.4″ N,
087°31′33.9″ W and 41°44′21″ N,
087°31′47.12″ W (NAD 83).
(2) All waters of the South Branch of
the Chicago River from position
41°52′19.03″ N, 087°38′08.7″ W, then
approximately 1380 yards south to
position 41°51′36.5″ N, 087°38′04.7″ W
(NAD 83).
(3) All waters of the Chicago River
from an imaginary line connecting
positions 41°53′11.6″ N, 087°38′20.5″ W
and 41°53′14.0″ N, 087°38′17.2″ W, then
east to the North Orleans Street Bridge
in position 41°53′15.84″ N,
087°38′09.16″ W, then south along the
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south branch of the river to the vicinity
of the West Van Buren Street Bridge in
position 41°52′36.4″ N, 087°38′15.8″ W
(NAD 83).
(4) All waters of the Chicago River
from the West Lake Street Bridge in
position 41°53′8.6″ N, 087°38′15.9″ W,
then north to an imaginary line
connecting positions 41°53′11.6″ N,
087°38′20.5″ W and 41°53′14.0″ N,
087°38′17.2″ W, then east along the
main branch of the river to a position of
41°53′19″ N, 087°36′33″ W (NAD 83) in
the vicinity of the North Lake Shore
Drive Bridge.
(5) All waters of the Chicago Sanitary
and Ship Canal within a 1000 foot
radius of a position at 41°50′28.5″ N,
087°40′22.7″ W (NAD 83) in the vicinity
of the South Damen Avenue bridge.
Entry into, transiting, or anchoring
within the safety zones is prohibited
unless authorized by the Captain of the
Port, Lake Michigan, or his designated
on-scene representative. The Captain of
the Port or his designated on-scene
representative may be contacted via
VHF Channel 16.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. 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 Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
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. The safety
zones created by this rule will be small
and enforced during for a limited time
on a limited number of days in August
and September of 2013. Under certain
conditions, moreover, vessels may still
transit through the safety zones when
permitted by the Captain of the Port.
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2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this temporary rule on
small entities. 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 Harbor, or Chicago
Sanitary and Ship Canal during the
times in which the safety zones are
enforced in August and September,
2013.
These safety zones will not have a
significant economic impact on a
substantial number of small entities for
the reasons cited in the Regulatory
Planning and Review section.
Additionally, before the enforcement of
these zones, we would issue local
Broadcast Notice to Mariners so vessel
owners and operators can plan
accordingly.
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3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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 contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section above.
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.
4. 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).
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5. Federalism
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
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. 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.
10. 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 create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
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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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 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 the
establishment of safety zones and,
therefore it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
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:
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Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 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.
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2. Add § 165.T09–0676 to read as
follows:
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§ 165.T09–0676 Safety Zone; Paramount
Pictures Corporation; Chicago, IL.
(a) Safety Zones. The following are
designated as safety zones:
(1) All waters of Lake Michigan,
Calumet Harbor, west of an imaginary
line connecting 41°44′29.4″ N,
087°31′33.9″ W and 41°44′21″ N,
087°31′47.12″ W (NAD 83).
(2) All waters of the South Branch of
the Chicago River from position
41°52′19.03″ N, 087°38′08.7″ W, then
approximately 1380 yards south to
position 41°51′36.5″ N, 087°38′04.7″ W
(NAD 83).
(3) All waters of the Chicago River
from an imaginary line connecting
positions 41°53′11.6″ N, 087°38′20.5″ W
and 41°53′14.0″ N, 087°38′17.2″ W, then
east to the North Orleans Street Bridge
in position 41°53′15.84″ N,
087°38′09.16″ W, then south along the
south branch of the river to the vicinity
of the West Van Buren Street Bridge in
position 41°52′36.4″ N, 087°38′15.8″ W
(NAD 83).
(4) All waters of the Chicago River
from the West Lake Street Bridge in
position 41°53′8.6″ N, 087°38′15.9″ W,
then north to an imaginary line
connecting positions 41°53′11.6″ N,
087°38′20.5″ W and 41°53′14.0″ N,
087°38′17.2″ W, then east along the
main branch of the river to a position of
41°53′19″ N, 087°36′33″ W (NAD 83) in
the vicinity of the North Lake Shore
Drive Bridge.
(5) All waters of the Chicago Sanitary
and Ship Canal within a 1000 foot
radius of a position at 41°50′28.5″ N,
087°40′22.7″ W (NAD 83) in the vicinity
of the South Damen Avenue bridge.
(b) Effective and enforcement periods.
This section is effective from 6 a.m. on
August 20, 2013, until 9 p.m. on
September 30, 2013. The zones
described in paragraph (a) of this
section will be enforced from 6 a.m. to
9 p.m. on intermittent dates between
August 20 and September 30, 2013.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within these safety zones is
prohibited unless authorized by the
Captain of the Port, Lake Michigan or
his designated on-scene representative.
(2) These safety zones are closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
Lake Michigan or his designated onscene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Lake Michigan
is any Coast Guard commissioned,
warrant or petty officer who has been
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designated by the Captain of the Port,
Lake Michigan to act on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zones shall
contact the Captain of the Port, Lake
Michigan or his on-scene representative
to obtain permission to do so. The
Captain of the Port, Lake Michigan or
his on-scene representative may be
contacted via VHF Channel 16. Vessel
operators given permission to enter or
operate in the safety zones must comply
with all directions given to them by the
Captain of the Port, Lake Michigan, or
his on-scene representative.
Dated: August 8, 2013.
M.W. Sibley,
Captain, U. S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2013–20241 Filed 8–19–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AO34
VA Health Professional Scholarship
and Visual Impairment and Orientation
and Mobility Professional Scholarship
Programs
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its VA Health
Professional Scholarship Program
(HPSP) regulations. VA is also
establishing regulations for a new
program, the Visual Impairment and
Orientation and Mobility Professional
Scholarship Program (VIOMPSP). These
regulations comply with and implement
sections 302 and 603 of the Caregivers
and Veterans Omnibus Health Services
Act of 2010 (the 2010 Act). Section 302
of the 2010 Act established the
VIOMPSP, which authorizes VA to
provide financial assistance to certain
students seeking a degree in visual
impairment or orientation or mobility,
in order to increase the supply of
qualified blind rehabilitation specialists
for VA and the United States. Section
603 of the 2010 Act reauthorized and
modified HPSP, a program that provides
scholarships for education or training in
certain health care occupations.
DATES: Effective Date: This final rule is
effective September 19, 2013.
FOR FURTHER INFORMATION CONTACT:
Nicole Nedd, Healthcare Talent
Management Office, Department of
Veterans Affairs, 1250 Poydras Street,
Suite 1000, New Orleans, LA 70113;
SUMMARY:
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(504) 565–4900. (This is not a toll-free
number.)
SUPPLEMENTARY INFORMATION: Pursuant
to 38 U.S.C. 7601 through 7619, 7633,
7634, and 7636, VA has promulgated
regulations implementing the VA Health
Professional Scholarship Program
(HPSP), codified at 38 CFR 17.600
through 17.612. This rulemaking is
amending the HPSP regulations in
response to section 603 of the 2010 Act,
Public Law 111–163, which amended
the statutory authority for this program,
particularly the eligibility requirements
for the program and VA’s obligations
regarding employment of the program
participants.
This rulemaking is also establishing
new regulations to implement section
302 of the 2010 Act. Section 302 of the
2010 Act established chapter 75 of 38
U.S.C., which requires VA to create a
scholarship program similar to the
HPSP called the Visual Impairment and
Orientation and Mobility Professional
Scholarship Program (VIOMPSP). The
purpose of the new program ‘‘is to
increase the supply of qualified blind
rehabilitation specialists for [VA] and
the Nation.’’ 38 U.S.C. 7501(b). The
statutory authority is substantively
similar (and in many ways identical) to
the existing authority governing the
HPSP. To the maximum extent possible,
we are utilizing, and amending as
necessary, the existing HPSP regulations
to govern the commonalities between
both programs, and then adding
additional regulations necessary to
implement the new VIOMPSP. This will
eliminate redundancies between the two
programs, facilitate the administration
of the program by VA, and make it
easier for the public to understand the
details of both programs. The HPSP is
governed by current §§ 17.600 through
17.612, and the VIOMPSP is established
as new §§ 17.625 through 17.636.
In a document published in the
Federal Register on December 26, 2012
(77 FR 75918), VA proposed to amend
part 17 of 38 CFR by amending the
regulations that govern the HPSP and
establishing regulations for the
VIOMPSP. We provided a 60-day
comment period, which ended on
February 25, 2013. We received one
comment from an official from the
National Federation of the Blind.
The commenter was concerned that
the rulemaking did not provide ‘‘clear
provisions regarding the eligibility of
blind or low vision applicants to
VIOMPSP.’’ The commenter noted that
the rulemaking was explicit regarding
the availability of the program ‘‘to
institutions with high numbers of
Hispanic students and to historically
E:\FR\FM\20AUR1.SGM
20AUR1
Agencies
[Federal Register Volume 78, Number 161 (Tuesday, August 20, 2013)]
[Rules and Regulations]
[Pages 51064-51067]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20241]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0676]
RIN 1625-AA00
Safety Zone; Motion Picture Production; Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing five temporary safety zones on
waterways near Chicago, IL. These safety zones are intended to restrict
vessels from portions of Chicago waterways due to the filming of a
motion picture. These temporary safety zones are necessary to protect
the surrounding public and vessels from the hazards associated with the
stunt work, low-flying helicopter, and other hazards involved in the
filming of a motion picture.
DATES: This rule is effective from 6 a.m. on August 20, 2013, until 9
p.m. on September 30, 2013. This rule will be enforced from 6 a.m. to 9
p.m. on intermittent dates from August 20 through September 30, 2013.
The Coast Guard will issue a Broadcast Notice to Mariners to provide
the public with advanced notice of those days that these safety zones
will be enforced. The Coast Guard on-scene Captain of the Port
Representative will provide actual notice on-scene.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0676. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 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 email MST1 Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan, at 414-747-7148 or Joseph.P.McCollum@uscg.mil. If
you have questions on viewing the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and 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 the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C.
[[Page 51065]]
553(b)(B), the Coast Guard finds that good cause exists for not
publishing an NPRM with respect to this rule because doing so would be
impracticable and contrary to the public interest. The final details
for this event were not known to the Coast Guard until there was
insufficient time remaining before the event to publish an NPRM. Thus,
delaying the effective date of this rule to wait for a comment period
to run would be both impracticable and contrary to the public interest
because it would inhibit the Coast Guard's ability to protect
spectators and vessels from the hazards associated with the filming of
a motion picture, which are discussed further below.
Under 5 U.S.C. 553(d)(3), The Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register for the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and limited access areas: 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, 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
From August 20 through September 30, 2013 the Coast Guard
anticipates that a motion picture corporation will film scenes for a
motion picture on the Chicago River, Calumet Harbor, and Chicago
Sanitary and Ship Canal. In late September, stunt work involving a
crane is expected to be filmed at the North Slip, a waterway within
Calumet Harbor north of the mouth of the Calumet River. During the last
week of August and early September, the motion picture corporation is
expected to film the length of the main Branch of the Chicago River
using a low-flying helicopter and/or multiple boats. During that time,
filming is also expected along the south branch of the Chicago River
from the confluence of the branches then south to the vicinity of the
West Van Buren Street Bridge. In mid-September, a low-flying helicopter
is expected to film in the vicinity of West Roosevelt Road on the south
branch of the river. In mid-September the Coast Guard also anticipates
filming and stunt work on the Chicago Sanitary and Ship Canal in the
vicinity of the South Damen Avenue bridge.
The Captain of the Port, Lake Michigan, has determined that this
filming event--with associated stunt work and low-flying helicopters--
will pose a significant risk to public safety and property. Such
hazards include the collision of stunt, film, and spectator vessels in
a congested area. Other hazards include falling wreckage, as well as
injuries associated with debris propelled by helicopter rotor-wash.
The Coast Guard anticipates that the safety zones created by this
temporary rule will not be enforced every day between August 20 and
September 30, 2013. Because of the possibility of bad weather on one or
more of the filming days listed above, and considering the
unpredictability involved in filming a motion picture, this rule was
written with a wider range of dates and times to give the Coast Guard
flexibility to accommodate changes in the film schedule between August
20 and September 30, 2013.
C. Discussion of the Final Rule
With the aforementioned hazards in mind, the Captain of the Port,
Lake Michigan, has determined that five temporary safety zones are
necessary to ensure the safety of persons and vessels during the
filming of a motion picture on the Chicago River, Chicago Sanitary and
Ship Canal, and Calumet Harbor. This rule is effective from 6 a.m. on
August 20 until 9 p.m. on September 30, 2013. This rule will be
enforced from 6 a.m. to 9 p.m. on intermittent dates from August 20
through September 30, 2013.
During this date range, these safety zones will be enforced during
the time of filming and associated stunt work, between 6 a.m. and 9
p.m. The Coast Guard will issue a Broadcast Notice to Mariners to
provide the public with advanced notice of those days that these safety
zones will be enforced. The Coast Guard on-scene Captain of the Port
Representative will provide actual notice on-scene.
Five safety zones will be established as follows:
(1) All waters of Lake Michigan, Calumet Harbor west of an
imaginary line connecting 41[deg]44'29.4'' N, 087[deg]31'33.9'' W and
41[deg]44'21'' N, 087[deg]31'47.12'' W (NAD 83).
(2) All waters of the South Branch of the Chicago River from
position 41[deg]52'19.03'' N, 087[deg]38'08.7'' W, then approximately
1380 yards south to position 41[deg]51'36.5'' N, 087[deg]38'04.7'' W
(NAD 83).
(3) All waters of the Chicago River from an imaginary line
connecting positions 41[deg]53'11.6'' N, 087[deg]38'20.5'' W and
41[deg]53'14.0'' N, 087[deg]38'17.2'' W, then east to the North Orleans
Street Bridge in position 41[deg]53'15.84'' N, 087[deg]38'09.16'' W,
then south along the south branch of the river to the vicinity of the
West Van Buren Street Bridge in position 41[deg]52'36.4'' N,
087[deg]38'15.8'' W (NAD 83).
(4) All waters of the Chicago River from the West Lake Street
Bridge in position 41[deg]53'8.6'' N, 087[deg]38'15.9'' W, then north
to an imaginary line connecting positions 41[deg]53'11.6'' N,
087[deg]38'20.5'' W and 41[deg]53'14.0'' N, 087[deg]38'17.2'' W, then
east along the main branch of the river to a position of 41[deg]53'19''
N, 087[deg]36'33'' W (NAD 83) in the vicinity of the North Lake Shore
Drive Bridge.
(5) All waters of the Chicago Sanitary and Ship Canal within a 1000
foot radius of a position at 41[deg]50'28.5'' N, 087[deg]40'22.7'' W
(NAD 83) in the vicinity of the South Damen Avenue bridge.
Entry into, transiting, or anchoring within the safety zones is
prohibited unless authorized by the Captain of the Port, Lake Michigan,
or his designated on-scene representative. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. 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 Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
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. The safety zones created by this rule will be
small and enforced during for a limited time on a limited number of
days in August and September of 2013. Under certain conditions,
moreover, vessels may still transit through the safety zones when
permitted by the Captain of the Port.
[[Page 51066]]
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this temporary rule on small entities. 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 Harbor,
or Chicago Sanitary and Ship Canal during the times in which the safety
zones are enforced in August and September, 2013.
These safety zones will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of these zones, we would issue local Broadcast Notice to
Mariners so vessel owners and operators can plan accordingly.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. 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 create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 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 the establishment of safety zones and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
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: 33 U.S.C. 1231; 46 U.S.C. Chapters 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 51067]]
0
2. Add Sec. 165.T09-0676 to read as follows:
Sec. 165.T09-0676 Safety Zone; Paramount Pictures Corporation;
Chicago, IL.
(a) Safety Zones. The following are designated as safety zones:
(1) All waters of Lake Michigan, Calumet Harbor, west of an
imaginary line connecting 41[deg]44'29.4'' N, 087[deg]31'33.9'' W and
41[deg]44'21'' N, 087[deg]31'47.12'' W (NAD 83).
(2) All waters of the South Branch of the Chicago River from
position 41[deg]52'19.03'' N, 087[deg]38'08.7'' W, then approximately
1380 yards south to position 41[deg]51'36.5'' N, 087[deg]38'04.7'' W
(NAD 83).
(3) All waters of the Chicago River from an imaginary line
connecting positions 41[deg]53'11.6'' N, 087[deg]38'20.5'' W and
41[deg]53'14.0'' N, 087[deg]38'17.2'' W, then east to the North Orleans
Street Bridge in position 41[deg]53'15.84'' N, 087[deg]38'09.16'' W,
then south along the south branch of the river to the vicinity of the
West Van Buren Street Bridge in position 41[deg]52'36.4'' N,
087[deg]38'15.8'' W (NAD 83).
(4) All waters of the Chicago River from the West Lake Street
Bridge in position 41[deg]53'8.6'' N, 087[deg]38'15.9'' W, then north
to an imaginary line connecting positions 41[deg]53'11.6'' N,
087[deg]38'20.5'' W and 41[deg]53'14.0'' N, 087[deg]38'17.2'' W, then
east along the main branch of the river to a position of 41[deg]53'19''
N, 087[deg]36'33'' W (NAD 83) in the vicinity of the North Lake Shore
Drive Bridge.
(5) All waters of the Chicago Sanitary and Ship Canal within a 1000
foot radius of a position at 41[deg]50'28.5'' N, 087[deg]40'22.7'' W
(NAD 83) in the vicinity of the South Damen Avenue bridge.
(b) Effective and enforcement periods. This section is effective
from 6 a.m. on August 20, 2013, until 9 p.m. on September 30, 2013. The
zones described in paragraph (a) of this section will be enforced from
6 a.m. to 9 p.m. on intermittent dates between August 20 and September
30, 2013.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
these safety zones is prohibited unless authorized by the Captain of
the Port, Lake Michigan or his designated on-scene representative.
(2) These safety zones are closed to all vessel traffic, except as
may be permitted by the Captain of the Port, Lake Michigan or his
designated on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Lake Michigan is any Coast Guard commissioned, warrant or petty officer
who has been designated by the Captain of the Port, Lake Michigan to
act on his behalf.
(4) Vessel operators desiring to enter or operate within the safety
zones shall contact the Captain of the Port, Lake Michigan or his on-
scene representative to obtain permission to do so. The Captain of the
Port, Lake Michigan or his on-scene representative may be contacted via
VHF Channel 16. Vessel operators given permission to enter or operate
in the safety zones must comply with all directions given to them by
the Captain of the Port, Lake Michigan, or his on-scene representative.
Dated: August 8, 2013.
M.W. Sibley,
Captain, U. S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-20241 Filed 8-19-13; 8:45 am]
BILLING CODE 9110-04-P