
[Federal Register: August 3, 2010 (Volume 75, Number 148)]
[Rules and Regulations]               
[Page 45478-45480]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03au10-3]                         


[[Page 45478]]

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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.

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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 Adam.D.Kraft@uscg.mil. 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

