
[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Rules and Regulations]
[Pages 60222-60225]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23861]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0868]
RIN 1625-AA00


Safety Zone; Motion Picture Stunt Work and Filming; Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing five temporary safety zones on 
waterways near Chicago, IL. These safety zones are intended to restrict 
vessels from portions of Chicago waterways 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, pyrotechnics, low-flying helicopter, and other hazards 
involved in the filming of a motion picture.

DATES: This rule is effective from 6 a.m. on October 1 through 12 a.m. 
on October 31, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0868. 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 Joseph.P.McCollum@uscg.mil. If 
you have questions on viewing the docket, call Barbara Hairston, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

[[Page 60223]]

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

    On August 20, 2013, the Coast Guard published a TFR (USCG-2013-
0676) entitled Safety Zone; Motion Picture Production; Chicago, IL in 
the Federal Register (78 FR 20241). Because this motion picture 
production--with associated hazards--is expected to continue into 
October, the Coast Guard is issuing this TFR to keep five safety zones, 
in the same locations as previously established, in place during the 
month of October 2013.
    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 and contrary to the public 
interest. The movie production company informed the Coast Guard of 
delays in filming and changes of schedule that pushed filming into 
October, leaving the Coast Guard without the time to complete an NPRM. 
Thus, delaying the effective date of this rule to wait for a comment 
period to run would be both impracticable and contrary to the public 
interest 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 October 1 through October 31, 2013 the Coast Guard anticipates 
that a motion picture corporation will film scenes for a motion picture 
on portions of the Chicago River, Calumet Harbor, and Chicago Sanitary 
and Ship Canal. In early to mid October the Coast Guard anticipates 
filming and stunt work on the Chicago Sanitary and Ship Canal in the 
vicinity of the South Damen Avenue Bridge. This shooting sequence is 
expected to involve pyrotechnics. Filming is also expected to continue 
in the vicinity of the north breakwall within Calumet Harbor, as well 
as the Chicago River System.
    The Captain of the Port, Lake Michigan, has determined that this 
filming event--with associated stunt work, pyrotechnics, and low-flying 
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. Other hazards include falling 
wreckage, as well as injuries associated with debris propelled by 
helicopter rotor-wash.
    The Coast Guard anticipates that the safety zones created by this 
temporary rule will not be enforced every day between October 1 and 
October 31, 2013. Because of the possibility of bad weather on one or 
more of the filming days, and considering the unpredictability involved 
in filming a motion picture, 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 October 1 and October 31, 2013.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port, 
Lake Michigan, has determined that five temporary safety zones are 
necessary to ensure the safety of persons and vessels during the 
filming of a motion picture on the Chicago River, Chicago Sanitary and 
Ship Canal, and Calumet Harbor. This rule is effective from 6 a.m. on 
October 1 until 12 a.m. on October 31, 2013. This rule will be enforced 
from 6 a.m. to 12 a.m. on intermittent dates between October 1 through 
October 31, 2013.
    During this date range, these safety zones will be enforced during 
the time of filming and associated stunt work, between 6 a.m. and 12 
a.m. 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.
    Five safety zones will be established as follows:

--All waters of Lake Michigan, Calumet Harbor west of an imaginary line 
connecting 41[deg]44'29.4'' N, 087[deg]31'33.9'' W and 41[deg]44'21'' 
N, 087[deg]31'47.12'' W (NAD 83).
--All waters of the South Branch of the Chicago River from position 
41[deg]52'19.03'' N, 087[deg]38'08.7'' W, then approximately 1380 yards 
south to position 41[deg]51'36.5'' N, 087[deg]38'04.7'' W (NAD 83).
--All waters of the Chicago River from 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 to the North Orleans Street Bridge in 
position 41[deg]53'15.84'' N, 087[deg]38'09.16'' W, then south along 
the south branch of the river to the vicinity of the West Van Buren 
Street Bridge in position 41[deg]52'36.4'' N, 087[deg]38'15.8'' W (NAD 
83).
--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.
--All waters of the Chicago Sanitary and Ship Canal within a 1000 foot 
radius of a position at 41[deg]50'28.5'' N, 087[deg]40'22.7'' W (NAD 
83) in the vicinity of the South Damen Avenue 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 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

[[Page 60224]]

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 (DHS).
    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 for a limited time on a limited number of days in 
October of 2013. Under certain conditions, moreover, vessels may still 
transit through the safety zones when permitted by the Captain of the 
Port.

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, Calumet Harbor, 
or Chicago Sanitary and Ship Canal during the times in which the safety 
zones are enforced in October, 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 safety zones and, 
therefore it 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

[[Page 60225]]

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.T09-0868 to read as follows:


Sec.  165.T09-0868  Safety Zone; Motion Picture Stunt Work and Filming; 
Chicago, IL.

    (a) Safety Zones. The following are designated as safety zones:
    (1) All waters of Lake Michigan, Calumet Harbor, west of an 
imaginary line connecting 41[deg]44'29.4'' N, 087[deg]31'33.9'' W and 
41[deg]44'21'' N, 087[deg]31'47.12'' W (NAD 83).
    (2) All waters of the South Branch of the Chicago River from 
position 41[deg]52'19.03'' N, 087[deg]38'08.7'' W, then approximately 
1380 yards south to position 41[deg]51'36.5'' N, 087[deg]38'04.7'' W 
(NAD 83).
    (3) All waters of the Chicago River from 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 to the North Orleans 
Street Bridge in position 41[deg]53'15.84'' N, 087[deg]38'09.16'' W, 
then south along the south branch of the river to the vicinity of the 
West Van Buren Street Bridge in position 41[deg]52'36.4'' N, 
087[deg]38'15.8'' W (NAD 83).
    (4) 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.
    (5) All waters of the Chicago Sanitary and Ship Canal within a 
1,000 foot radius of a position at 41[deg]50'28.5'' N, 
087[deg]40'22.7'' W (NAD 83) in the vicinity of the South Damen Avenue 
bridge.
    (b) Effective and Enforcement Period. These zones are effective 
from 6 a.m. on October 1 until 12 a.m. on October 31, 2013. This rule 
will be enforced from 6 a.m. to 12 a.m. on intermittent dates between 
October 1 through October 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: September 24, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-23861 Filed 9-30-13; 8:45 am]
BILLING CODE 9110-04-P


