[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Rules and Regulations]
[Pages 37324-37326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15113]
[[Page 37324]]
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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 [email protected]. 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
[[Page 37325]]
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]
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