Safety Zone; Motion Picture Stunt Work and Filming; Chicago, IL, 60222-60225 [2013-23861]

Download as PDF 60222 Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations 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 expenditure, we do not 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 wreier-aviles on DSK5TPTVN1PROD with RULES 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 VerDate Mar<15>2010 14:43 Sep 30, 2013 Jkt 232001 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 creation of one safety zone during fireworks displays to protect maritime public. This rule 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. Dated: September 10, 2013. S.C. MacKenzie, Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia River. 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: ACTION: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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(g), 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T13–259 to read as follows: ■ § 165.T13–259 Safety Zone; Clackamas County Tourism Fireworks Display, Oregon City, OR. (a) Safety zones. The following area is a designated safety zone: (1) Location. All waters of the Willamette River, Oregon City, OR, between the I–205 Bridge and the Oregon City Bridge. (2) Enforcement period. This event will be held on October 5, 2013 from 8:00 p.m. to 8:30 p.m. (b) Regulations. In accordance with the general regulations in 33 CFR Part 165, subpart C, no person may enter or remain in the safety zone created in this section or bring, cause to be brought, or allow to remain in the safety zone created in this section any vehicle, vessel, or object unless authorized by the Captain of the Port or his designated representative. The Captain of the Port may be assisted by other Federal, State, or local agencies with the enforcement of the safety zone. PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 [FR Doc. 2013–23860 Filed 9–30–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2013–0868] RIN 1625–AA00 Safety Zone; Motion Picture Stunt Work and Filming; Chicago, IL Coast Guard, DHS. Temporary final rule. AGENCY: 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, pyrotechnics, low-flying helicopter, and other hazards involved in the filming of a motion picture. DATES: This rule is effective from 6 a.m. on October 1 through 12 a.m. on October 31, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2013–0868. To view documents mentioned in this preamble as being available in the docket, go to http:// 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: SUMMARY: E:\FR\FM\01OCR1.SGM 01OCR1 Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations 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 wreier-aviles on DSK5TPTVN1PROD with RULES On August 20, 2013, the Coast Guard published a TFR (USCG–2013–0676) entitled Safety Zone; Motion Picture Production; Chicago, IL in the Federal Register (78 FR 20241). Because this motion picture production—with associated hazards—is expected to continue into October, the Coast Guard is issuing this TFR to keep five safety zones, in the same locations as previously established, in place during the month of October 2013. The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM with respect to this rule because doing so would be impracticable and contrary to the public interest. The movie production company informed the Coast Guard of delays in filming and changes of schedule that pushed filming into October, leaving the Coast Guard without the time to complete 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; Public Law 107–295, 116 Stat. VerDate Mar<15>2010 14:43 Sep 30, 2013 Jkt 232001 2064; Department of Homeland Security Delegation No. 0170.1. From October 1 through October 31, 2013 the Coast Guard anticipates that a motion picture corporation will film scenes for a motion picture on portions of the Chicago River, Calumet Harbor, and Chicago Sanitary and Ship Canal. In early to mid October the Coast Guard anticipates filming and stunt work on the Chicago Sanitary and Ship Canal in the vicinity of the South Damen Avenue Bridge. This shooting sequence is expected to involve pyrotechnics. Filming is also expected to continue in the vicinity of the north breakwall within Calumet Harbor, as well as the Chicago River System. The Captain of the Port, Lake Michigan, has determined that this filming event—with associated stunt work, pyrotechnics, 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 October 1 and October 31, 2013. Because of the possibility of bad weather on one or more of the filming days, 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 October 1 and October 31, 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 October 1 until 12 a.m. on October 31, 2013. This rule will be enforced from 6 a.m. to 12 a.m. on intermittent dates between October 1 through October 31, 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 12 a.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 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 60223 Representative will provide actual notice on-scene. Five safety zones will be established as follows: —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). —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). —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). —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. —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 E:\FR\FM\01OCR1.SGM 01OCR1 60224 Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations 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 for a limited time on a limited number of days in October of 2013. Under certain conditions, moreover, vessels may still transit through the safety zones when permitted by the Captain of the Port. wreier-aviles on DSK5TPTVN1PROD with RULES 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, Calumet Harbor, or Chicago Sanitary and Ship Canal during the times in which the safety zones are enforced in October, 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 (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 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 VerDate Mar<15>2010 14:43 Sep 30, 2013 Jkt 232001 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. PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 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 E:\FR\FM\01OCR1.SGM 01OCR1 Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations 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: ■ 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. 2. Add § 165.T09–0868 to read as follows: ■ wreier-aviles on DSK5TPTVN1PROD with RULES § 165.T09–0868 Safety Zone; Motion Picture Stunt Work and Filming; 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 1,000 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 Period. These zones are effective from 6 a.m. on VerDate Mar<15>2010 14:43 Sep 30, 2013 Jkt 232001 October 1 until 12 a.m. on October 31, 2013. This rule will be enforced from 6 a.m. to 12 a.m. on intermittent dates between October 1 through October 31, 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 onscene 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 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: September 24, 2013. M.W. Sibley, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. [FR Doc. 2013–23861 Filed 9–30–13; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 2013. The regulations related to removal of over fifty rules in the Code of Federal Regulations (CFR) for Delaware, the District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia because they are unnecessary or obsolete. Errors in the amendatory instruction are identified and corrected in this action. DATES: Effective October 1, 2013. FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 814–2108, or by email at frankford.harold@epa.gov. SUPPLEMENTARY INFORMATION: Background In a direct final rule published on June 6, 2013 (78 FR 33977), Amendatory Instruction Number 33 for § 52.2063 was incorrectly stated. This document corrects this amendatory instruction and set-out text to read as follows: Need for Correction As published, the final regulations contain an error in the amendatory instruction and set-out text: List of Subjects in 40 CFR part 52 Air pollution control, Carbon monoxide, Environmental Protection Agency, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Accordingly, 40 CFR part 52 is corrected by making the following correcting amendment: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. 40 CFR Part 52 [EPA–R03–OAR–2012–0955; FRL–9901–40– Region 3] Approval and Promulgation of Air Quality Implementation Plans; Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia; Removal of Obsolete Regulations and Updates to Citations to State Regulations Due to Recodification; Correction Environmental Protection Agency (EPA). ACTION: Direct final rule; correction. AGENCY: This document contains a correction to the direct final rule, which was published on Thursday, June 6, SUMMARY: PO 00000 Frm 00045 Fmt 4700 60225 Sfmt 4700 § 52.2063 section. Original identification of plan 2. Section 52.2063 is revised to read as follows:’’ (a) This section identifies the original ‘‘Air Implementation Plan for the Commonwealth of Pennsylvania’’ and all revisions submitted by Pennsylvania that were federally approved prior to February 10, 2005. The information in this section is available in the 40 CFR, part 52, Volume 2 of 2 (§§ 52.1019 to the end of part 52) editions revised as of July 1, 2005 through July 1, 2011, and the 40 CFR, part 52, Volume 3 of 3 (§§ 52.2020 to the end of part 52) edition revised as of July 1, 2012. (b) [Reserved] ■ E:\FR\FM\01OCR1.SGM 01OCR1

Agencies

[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Rules and Regulations]
[Pages 60222-60225]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23861]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0868]
RIN 1625-AA00


Safety Zone; Motion Picture Stunt Work and Filming; Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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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, pyrotechnics, low-flying helicopter, and other hazards 
involved in the filming of a motion picture.

DATES: This rule is effective from 6 a.m. on October 1 through 12 a.m. 
on October 31, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0868. To view documents mentioned in this preamble as being 
available in the docket, go to http://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: 

[[Page 60223]]

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

    On August 20, 2013, the Coast Guard published a TFR (USCG-2013-
0676) entitled Safety Zone; Motion Picture Production; Chicago, IL in 
the Federal Register (78 FR 20241). Because this motion picture 
production--with associated hazards--is expected to continue into 
October, the Coast Guard is issuing this TFR to keep five safety zones, 
in the same locations as previously established, in place during the 
month of October 2013.
    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM with respect to this rule 
because doing so would be impracticable and contrary to the public 
interest. The movie production company informed the Coast Guard of 
delays in filming and changes of schedule that pushed filming into 
October, leaving the Coast Guard without the time to complete 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; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    From October 1 through October 31, 2013 the Coast Guard anticipates 
that a motion picture corporation will film scenes for a motion picture 
on portions of the Chicago River, Calumet Harbor, and Chicago Sanitary 
and Ship Canal. In early to mid October the Coast Guard anticipates 
filming and stunt work on the Chicago Sanitary and Ship Canal in the 
vicinity of the South Damen Avenue Bridge. This shooting sequence is 
expected to involve pyrotechnics. Filming is also expected to continue 
in the vicinity of the north breakwall within Calumet Harbor, as well 
as the Chicago River System.
    The Captain of the Port, Lake Michigan, has determined that this 
filming event--with associated stunt work, pyrotechnics, 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 October 1 and 
October 31, 2013. Because of the possibility of bad weather on one or 
more of the filming days, 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 October 1 and October 31, 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 
October 1 until 12 a.m. on October 31, 2013. This rule will be enforced 
from 6 a.m. to 12 a.m. on intermittent dates between October 1 through 
October 31, 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 12 
a.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:

--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).
--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).
--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).
--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.
--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

[[Page 60224]]

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 for a limited time on a limited number of days in 
October of 2013. Under certain conditions, moreover, vessels may still 
transit through the safety zones when permitted by the Captain of the 
Port.

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, Calumet Harbor, 
or Chicago Sanitary and Ship Canal during the times in which the safety 
zones are enforced in October, 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 (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 
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

[[Page 60225]]

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.


0
2. Add Sec.  165.T09-0868 to read as follows:


Sec.  165.T09-0868  Safety Zone; Motion Picture Stunt Work and Filming; 
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 
1,000 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 Period. These zones are effective 
from 6 a.m. on October 1 until 12 a.m. on October 31, 2013. This rule 
will be enforced from 6 a.m. to 12 a.m. on intermittent dates between 
October 1 through October 31, 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: September 24, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-23861 Filed 9-30-13; 8:45 am]
BILLING CODE 9110-04-P