[Federal Register: September 22, 1999 (Volume 64, Number 183)] [Rules and Regulations] [Page 51243-51244] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr22se99-19] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 4910-15-M