[Federal Register Volume 78, Number 149 (Friday, August 2, 2013)]
[Rules and Regulations]
[Pages 46810-46813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18617]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0612]
RIN 1625-AA00


Safety Zone; Motion Picture Filming; Chicago River; Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing three temporary safety

[[Page 46811]]

zones on the Chicago River in Chicago, IL. These safety zones are 
intended to restrict vessels from a portion of the Chicago River 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, rigging, and other hazards 
involved in the filming of a motion picture.

DATES: This rule will be enforced with actual notice from 4 a.m. on 
July 21, 2013, until August 2, 2013. This rule is effective in the Code 
of Federal Regulations from August 2, 2013, until 9 p.m. on August 31, 
2013. This rule will be enforced intermittently from 4 a.m. to 9 p.m. 
daily between July 21, 2013, and August 31, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0612. 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 [email protected]. 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. 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. 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 impracticable 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 July 21, 2013, until August 31, 2013, the Coast Guard 
anticipates that Rozar Pictures, LLC will film scenes for a motion 
picture on the Chicago River. In late July, stunt work involving wire-
suspension is expected to be filmed at the West Lake Street Bridge on 
the South Branch of the Chicago River. In August, Rozar Pictures, LLC 
is expected to film the length of the Main Branch of the Chicago River 
using a low-flying helicopter and/or multiple boats. Also in August, 
stunts and special effects involving an inflatable boat and two 
helicopters are expected to be filmed in the vicinity of the North Lake 
Shore Drive Bridge on the Main Branch of the Chicago River.
    The Captain of the Port, Lake Michigan, has determined that this 
filming event--with associated stunts, boats, and 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.
    Because of the possibility of bad weather on one or more of the 
filming days listed above, and considering the unpredictability 
involved in filming stunt work, 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 July 21 and August 21.

 C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port, 
Lake Michigan, has determined that three temporary safety zones are 
necessary to ensure the safety of persons and vessels during the 
filming of a motion picture on the Chicago River. These zones are 
effective from 4 a.m. on July 21, 2013, until 9 p.m. on August 31, 
2013. During this date range, these safety zones will be enforced 
during the time of filming and associated stunt work, between 4 a.m. to 
9 p.m. The Coast Guard anticipates that no more than one safety zone 
will be enforced on a given day. 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.
    Three safety zones will be established as follows:
    (1) All waters of the Chicago River within a 150-yard radius of the 
West Lake Street Bridge in position 41[deg]53'8.6'' N, 
087[deg]38'15.9'' W (NAD 83).
    (2) All waters of the Chicago River and Lake Michigan within a 150-
yard radius of a position in the vicinity of the North Lake Shore Drive 
bridge at 41[deg]53'18.8'' N, 087[deg]36'43.1'' W (NAD 83).
    (3) 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.
    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

[[Page 46812]]

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.
    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 July and August. Under certain conditions, moreover, vessels 
may still transit through the safety zones when permitted by the 
Captain of the Port. Furthermore, the Coast Guard anticipates that only 
one of the three safety zones will be enforced on each day.

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 during the times 
in which the safety zones are enforced in July and August, 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 a safety zone and, 
therefore it is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant

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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.


0
2. Add Sec.  165.T09-0612 to read as follows:


Sec.  165.T09-0612  Safety Zone; Motion picture filming; Chicago River; 
Chicago, IL.

    (a) Safety Zones. The following are designated as safety zones:
    (1) All waters of the Chicago River within a 150-yard radius of the 
West Lake Street Bridge in position 41[deg]53'8.6'' N, 
087[deg]38'15.9'' W (NAD 83).
    (2) All waters of the Chicago River and Lake Michigan within a 150-
yard radius of a position in the vicinity of the North Lake Shore Drive 
bridge at 41[deg]53'18.8'' N, 087[deg]36'43.1'' W (NAD 83).
    (3) 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.
    (b) Effective and Enforcement Period. These zones are effective 
from July 21, 2013, until August 31, 2013. These zones will be enforced 
on intermittent dates between July 21 through August 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: July 18, 2013.
M. W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-18617 Filed 8-1-13; 8:45 am]
BILLING CODE 9110-04-P