[Federal Register Volume 75, Number 148 (Tuesday, August 3, 2010)]
[Rules and Regulations]
[Pages 45478-45480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18960]
[[Page 45478]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0706]
RIN 1625-AA00
Safety Zone; Transformers 3 Movie Filming, Chicago River,
Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two separate temporary safety
zones on the Chicago River near Chicago, Illinois. These zones are
intended to restrict vessels from a portion of the Chicago River due to
the filming of a major motion picture, Transformers 3. These temporary
safety zones are necessary to protect the surrounding public and
vessels from the hazards associated with the different types of stunts
that will be performed during the filming of this movie.
DATES: Effective Date: this rule is effective in the CFR from August 3,
2010 until 9 p.m. on August 8, 2010. This rule is effective with actual
notice for purposes of enforcement beginning 7 a.m. on July 27, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0706 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0706 in the
``Keyword'' box, and then clicking ``search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, contact or email BM1 Adam Kraft, U.S. Coast Guard
Sector Lake Michigan, at 414-747-7154 or [email protected]. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when an agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 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 these events
were not submitted to the Coast Guard until July 20, 2010. Based on the
hazards associated with the filming of this major motion picture,
delaying the enactment of this rule to provide for a comment would be
against the public interest. Therefore, there was not enough time to
solicit the public for comments concerning this temporary final rule.
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. Delaying the effective date of
this rule would be contrary to the public interest as immediate action
is needed to protect the public from the hazards associated with the
filming of this major motion picture.
Basis and Purpose
These temporary safety zones are necessary to protect vessels from
the hazards associated with the stunts that will be occurring during
this filming of the major motion picture, Transformers 3. The Captain
of the Port, Sector Lake Michigan, has determined that the stunts
associated with the filming of this motion picture do pose significant
risks to public safety and property. The likely combination of
congested waterways and the stunts that will be performed during the
filming of a major motion picture could easily result in serious
injuries or fatalities.
Discussion of Rule
The Coast Guard is establishing two temporary safety zones. The
first safety zone will be enforced between 7 a.m. and 9 p.m. on July
27, 2010 and encompasses all U.S. navigable waters of the Chicago River
between the Lakeshore Drive Bridge, 41[deg]53'19'' N, 087[deg]36'51'' W
and the Wabash Street Bridge, 41[deg]53'17'' N, 087[deg]37'36'' W. The
second safety zone will be enforced between 7 a.m. and 9 p.m. on August
8, 2010 and encompasses all U.S. navigable waters of the Chicago River
between the Dearborn Street Bridge, 41[deg]53'14'' N, 087[deg]37'46'' W
and the Wabash Street Bridge, 41[deg]53'17'' N, 087[deg]37'36'' W.
[DATUM: NAD 83].
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port, Sector Lake Michigan, or his or her
on-scene representative. Entry into, transiting, or anchoring within
the safety zone is prohibited unless authorized by the Captain of the
Port, Sector Lake Michigan, or his or her on-scene representative. The
Captain of the Port, Sector Lake Michigan, or his or her on-scene
representative may be contacted via VHF Channel 16.
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.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
Although this regulation will restrict access to the area, the
effect of the rule will not be significant because: The minimal time
that vessels will be restricted from the zone and the zone is an area
where the Coast Guard expects insignificant adverse impact to mariners
from the zones' ten minute or less activation periods.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U. S. C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of the Chicago River between 7 a.m. and
9 p.m. on July 27, 2010 and August 8, 2010.
The safety zones will not have a 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
[[Page 45479]]
zones when actual filming is being conducted. Traffic will only be
stopped for a short duration not to exceed ten minutes during any one
closure. In the event that these temporary safety zones affect
shipping, commercial vessels may request permission from the Captain of
The Port, Sector Lake Michigan, 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 to Mariners that the regulation is in
effect.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 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.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this temporary rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of
two safety zones and is therefore categorically excluded under
paragraph 34(g) of the Instruction.
A final environmental analysis check list and categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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.T09-0706 to read as follows
Sec. 165.T09-0706 Safety Zone; Transformers 3 Movie Filming, Chicago
River, Chicago, IL
(a) Safety Zones. (1) The first safety zone encompasses all U.S.
navigable waters of the Chicago River between the
[[Page 45480]]
Lakeshore Drive Bridge, 41[deg]53'19'' N, 087[deg]36'51'' W and the
Wabash Street Bridge, 41[deg]53'17'' N, 087[deg]37'36'' W.
(i) Date. July 27, 2010.
(2) The second safety zone encompasses all U.S. navigable waters of
the Chicago River between the Dearborn Street Bridge, 41[deg]53'14'' N,
087[deg]37'46'' W and the Wabash Street Bridge, 41[deg]53'17'' N,
087[deg]37'36''W. [DATUM: NAD 83].
(i) Date. August 8, 2010.
(b) Enforcement period. The first safety zone will be enforced
between 7 a.m. to 9 p.m. on July 27, 2010. The second safety zone will
be enforced between 7 a.m. to 9 p.m. on August 8, 2010. The Captain of
the Port, Sector Lake Michigan, or the on-scene representative may
suspend and restart the enforcement of the safety zone at anytime
within the stated enforcement times.
(c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port, Sector Lake Michigan, or his or her on-scene
representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Lake Michigan, or his
or her on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Sector Lake Michigan, is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sector Lake
Michigan, to act on his or her behalf. The on-scene representative of
the Captain of the Port, Sector Lake Michigan, will be on land in the
vicinity of the safety zone and will have constant communications with
the Chicago Marine Unit vessels that will be on-scene as the
enforcement vessels.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Lake Michigan, or
his or her on-scene representative to obtain permission to do so. The
Captain of the Port, Sector Lake Michigan, or his or her on-scene
representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the Captain of the Port, Sector
Lake Michigan, or his or her on-scene representative.
Dated: July 21, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2010-18960 Filed 8-2-10; 8:45 am]
BILLING CODE 9110-04-P