[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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