
[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Rules and Regulations]
[Pages 37324-37326]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15113]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0515]
RIN 1625-AA00


Safety Zone; Major Motion Picture Filming, Cape Fear River; 
Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Cape Fear River near Wilmington, North Carolina. The safety zone is 
intended to restrict vessels from a portion of the Cape Fear River due 
to the filming of a movie involving high speed boat chases 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 August 2, 2012 through August 24, 
2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0515]. 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 BOSN3 Joseph M. Edge, Coast Guard Sector North Carolina, 
Coast Guard; telephone 252-247-4525, email Joseph.M.Edge@uscg.mil. 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

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 May 30, 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.

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 fast-paced, 
multi-vessel, highly choreographed stunts, with multiple water and air 
platforms interacting. 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 Final Rule

    The Coast Guard is establishing a temporary safety zone on the Cape 
Fear River at Wilmington, NC. This safety zone will be enforced at 
night, between 7:30 p.m. and 7:00 a.m. from August 2, 2012 until August 
24, 2012 and encompasses all navigable waters from latitude 
34[deg]11'14'' North, longitude 077[deg]57'26'' West to latitude 
34[deg]12'42'' North, 077[deg]57'24'' West. [DATUM: NAD 83]
    While the enforcement periods are scheduled for approximately 12 
hour blocks, filming and execution of the stunts will not take place 
continuously during those periods. There will be periods of setup, 
breakdown, 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 7 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 Cape Fear River from 7:30 p.m. to 7:00 
a.m. between August 2, 2012 and August 24, 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

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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 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. 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; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T05-0515 to read as follows:


Sec.  165.T05-0515  Safety Zone; Major Motion Picture Filming, Cape 
Fear River, Wilmington, 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 Cape Fear River from latitude 
34[deg]11'14'' North, longitude 077[deg]57'26'' West to latitude 
34[deg]12'42'' North, longitude 077[deg]57'24'' West. All geographic 
coordinates are North American Datum 1983 (NAD 83).
    (c) Regulations. (1) The general regulations contained in Sec.  
165.23 of this

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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 7:30 
p.m. to 7 a.m. from August 2, 2012 until August 24, 2012 unless 
cancelled earlier by the Captain of the Port.

    Dated: June 11, 2012.
A. Popiel,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2012-15113 Filed 6-20-12; 8:45 am]
BILLING CODE 9110-04-P


