[Federal Register Volume 64, Number 183 (Wednesday, September 22, 1999)]
[Rules and Regulations]
[Pages 51243-51244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24584]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-99-161]
RIN 2115-AA97
Safety Zone: Movie Production, Gloucester, MA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the production of the movie ``The Perfect Storm'', in Gloucester, MA.
This regulation establishes a safety zone that will close the waters of
Gloucester Harbor, Gloucester, MA for short periods of time throughout
the hours listed to all vessel traffic except for vessels involved in
the production of the movie ``The Perfect Storm''. The safety zone is
in effect daily from 6:30 a.m. to 8:30 p.m. from Tuesday, September 7,
1999, until Saturday, September 27, 1999, and from 6:30 a.m. until
midnight, September 11, 1999. This safety zone prevents entry into or
movement within this portion of Gloucester Harbor to all vessels except
for those involved in the movie production for short periods of time as
directed by the Coast Guard representative on scene.
DATES: This rule is effective daily from 6:30 a.m. to 8:30 p.m. from
September 7 through September 10, and from September 12 through
September 25, 1999, and from 6:30 a.m. until midnight on September 11,
1999.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at Marine Safety Office Boston, 455 Commercial
Street, Boston, MA between the hours of 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
ENS Rebecca Montleon, Waterways Management Division, Coast Guard Marine
Safety Office Boston, (617) 223-3000.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
was not published for this regulation. Good cause exists for not
publishing an NPRM and for making this regulation effective in less
than 30 days after Federal Register publication. Conclusive information
about this event was not provided to the Coast Guard until August 26,
1999, making it impossible
[[Page 51244]]
to draft or publish an NPRM or a final rule 30 days in advance of its
effective date. Publishing a NPRM and delaying its effective date would
be contrary to the public interest since immediate action is needed to
close a portion of the waterway and protect the maritime public and the
movie production crew during periods of restricted maneuvering.
Background and Purpose
On August 26, 1999, the Warner Brothers Film Production Company
filed a marine event permit with the Coast Guard to begin filming on
the waters of Gloucester Harbor, Gloucester, MA. This regulation
establishes a safety zone that will close the waters of Gloucester
Harbor, Gloucester, MA for short periods of time throughout the hours
listed to all vessel traffic except for vessels involved in the
production of the movie ``The Perfect Storm''. The safety zone is in
effect daily from 6:30 a.m. to 8:30 p.m. from Tuesday, September 7,
1999, until Saturday, September 25, 1999, and until midnight, September
11, 1999. This safety zone prevents entry into or movement within
Gloucester Harbor and it is needed to protect the maritime public and
the movie production crew during periods of restricted maneuvering.
Regulatory Evaluation
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. It has not been reviewed by the Office of Management and
Budget under the Order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040; February 26, 1979). The Coast Guard expects the economic
impact of this regulation to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary since the safety zone will be limited
in duration and marine advisories will be made in advance of the
implementation of the safety zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule would have a significant
economic impact on a substantial number of small entities. ``Small
entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
For the reasons discussed in the Regulatory Evaluation above, the
Coast Guard certifies under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this rule will not have a
significant impact on a substantial number of small entities.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
final rule and concluded that, under Figure 2-1, paragraph 34(g), of
Commandant Instruction M16475.1C, this final rule is categorically
excluded from further environmental documentation. A ``Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulation
For reasons set out in the preamble, the Coast Guard amends 33 CFR
Part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46. Section 165.100 is also issued
under authority of Sec. 311, Pub. L. 105-383.2.
2. Add temporary section 165.T01-161 to read as follows:
Sec. 165.T01-161 Safety Zone: Movie Production, Gloucester, MA.
(a) Location. The following area is a safety zone: all the waters
of Gloucester Harbor, Gloucester, MA.
(b) Effective Date. This section is effective daily from 6:30 a.m.
to 8:30 p.m. from September 7 through 10, 1999, and from September 12
through September 25, 1999, and from 6:30 a.m. until midnight on
September 11, 1999.
(c) Regulations.
(1) In accordance with the general regulations in section 165.23 of
this part, entry into or movement within this zone is prohibited unless
authorized by the Captain of the Port Boston.
(2) All persons and vessels shall comply with the instructions of
the COTP or the designated onscene U.S. Coast Guard patrol personnel.
U.S. Coast Guard patrol personnel include commissioned, warrant, and
petty officers of the U.S. Coast Guard.
(3) The general regulations covering safety zones in section 165.23
of this part apply.
Dated: September 7, 1999.
M.A. Skordinski,
Commander, U.S. Coast Guard, Acting Captain of the Port, Boston,
Massachusetts.
[FR Doc. 99-24584 Filed 9-21-99; 8:45 am]
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