[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Rules and Regulations]
[Pages 40513-40515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16780]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0577]
RIN 1625-AA00


Safety Zone; Major Motion Picture Filming, Atlantic Intracoastal 
Waterway; Southport, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Atlantic Intracoastal Waterway near Southport, North Carolina. The 
safety zone is intended to restrict vessels from a portion of the 
Atlantic Intracoastal Waterway due to the filming of a movie involving 
explosions and other dangerous stunts on water. The temporary safety 
zone is necessary to protect the surrounding public and vessels from 
the hazards associated with the stunts that will be performed on the 
river during the filming of this motion picture.

DATES: This rule is effective from July 25, 2012, until August 3, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0577]. 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 rule, 
call or email BOSN4 Joseph M. Edge, Coast Guard Sector North Carolina, 
Coast Guard; telephone 252-247-4525, email [email protected]. If 
you have questions on viewing or submitting material to the docket, 
call Renee V. Wright, 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

[[Page 40514]]

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. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the final details for this event was 
not provided to the Coast Guard until June 10, 2012. As such, it is 
impracticable to provide a full comment period due to lack of time. In 
addition, given the high risks of injury and damage that will be 
created during the filming of the movie, a delay in enacting this 
safety zone would be contrary to public interest.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. For the same reasons discussed in 
the preceding paragraph, waiting for 30 day notice period run would be 
impracticable and contrary to the public interest.

B. Basis and Purpose

    The temporary safety zone is necessary to protect vessels from the 
hazards associated with the stunts that will be performed during the 
filming of a major motion picture. The filming will involve explosions 
and highly choreographed stunts. The Captain of the Port, Sector North 
Carolina, has determined that the stunts associated with the filming of 
this motion picture do pose significant risks to public safety and 
property and that a safety zone is necessary.

C. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone on the 
Atlantic Intracoastal Waterway at Southport, NC. This safety zone will 
be enforced between 8 p.m. and 6 a.m. from July 25, 2012 until July 27, 
2012 and again from 8 p.m. to 6 a.m. on August 1, 2012 until August 3, 
2012 and encompasses all navigable waters within a 300 yard radius from 
latitude 33[deg]54.9' North, longitude 078[deg]01.44' West. [DATUM: NAD 
83]
    While the enforcement periods are scheduled for approximately 10 
hour blocks, filming and execution of the stunts will not take place 
continuously during those periods. There will be periods of set up, 
break down, preparation, et cetera. It is anticipated that actual 
filming will take place in 20 minute increments throughout the 
enforcement periods and that, in some cases; the filming may end prior 
to the 6 a.m. enforcement deadlines. All persons and vessels shall 
comply with the instructions of the Captain of the Port, Sector North 
Carolina, or his or her on-scene representative. Entry into, 
transiting, or anchoring within the safety zone is prohibited unless 
authorized by the Captain of the Port, Sector North Carolina, or his or 
her on-scene representative. The Captain of the Port, Sector North 
Carolina, or his or her on-scene representative may be contacted via 
VHF-FM 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 13 of these statutes or 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.
    Although this regulation will restrict access to the area, the 
effect of the rule will not be significant since this rule will only be 
enforced while unsafe conditions exist. The Coast Guard also expects 
that traffic will generally be very low based on the time of night that 
this closure will occur.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 may affect the following entities, some of which might be 
small entities: The owners or operators of vessels intending to transit 
or anchor in this portion of the Atlantic Intracoastal Waterway from 8 
p.m. to 6 a.m. from July 25, 2012 to July 27, 2012 and from 8 p.m. to 6 
a.m. from August 1, 2012 to August 3, 2012.
    The safety zone will not have significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will only be enforced while unsafe conditions exist. Traffic will 
only be prohibited from passing through the zone when actual filming is 
being conducted. Traffic will only be stopped for a short duration not 
to exceed twenty minutes during any one closure. In the event that the 
safety zone affects shipping, commercial vessels may request permission 
from the Captain of the Port, Sector North Carolina, or his or her on-
scene representative to transit through the safety zone. The Coast 
Guard will give notice to the public via a Broadcast Notice to Marines 
that the regulation is in effect.

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, 
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

[[Page 40515]]

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 
INTFORMATION 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 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. 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T05-0577 to read as follows:


Sec.  165.T05-0577  Safety zone; major motion picture filming, Atlantic 
Intracoastal Waterway, Southport, NC.

    (a) Definitions. For the purposes of this section, Captain of the 
Port means the Commander, Sector North Carolina. Representative means 
any Coast Guard commissioned, warrant, or petty officer who has been 
authorized to act on the behalf of the Captain of the Port.
    (b) Location. The following area is a safety zone: This safety zone 
will encompass all waters on the Atlantic Intracoastal Waterway with a 
300 yards radius of latitude 33[deg]54.9' North, longitude 
078[deg]01.44' West. All geographic coordinates are North American 
Datum 1983 (NAD 83).
    (c) Regulations. (1) The general regulations contained in Sec.  
165.23 of this part apply to the area described in paragraph (b) of 
this section.
    (2) Persons or vessels requiring entry into or passage through any 
portion of the safety zone must first request authorization from the 
Captain of the Port, or a designated representative, unless the Captain 
of the Port previously announced via Marine Safety Radio Broadcast on 
VHF Marine Band Radio channel 22 (157.1 MHz) that this regulation will 
not be enforced in that portion of the safety zone. The Captain of the 
Port can be contacted at telephone number (910) 343-3882 or by radio on 
VHF Marine Band Radio, channels 13 and 16.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 8 p.m. 
to 6 a.m. from July 25, 2012 until July 27, 2012 and from 8 p.m. to 6 
a.m. from August 1, 2012 until August 3, 2012 unless cancelled earlier 
by the Captain of the Port.

    Dated: June 25, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2012-16780 Filed 7-9-12; 8:45 am]
BILLING CODE 9110-04-P