[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Rules and Regulations]
[Pages 45721-45723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23071]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01 97-085]
RIN 2115-AA97
Safety and Security Zones; Presidential Visit, Martha's Vineyard,
MA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary safety and security
zones, with identical boundaries, off the south shore of Martha's
Vineyard, Massachusetts, during the President of the United States'
vacation at the Friedman residence on Oyster Pond, Martha's Vineyard,
Massachusetts. The security zone is needed to safeguard the President
from sabotage or other subversive acts, accidents, or other causes of a
similar nature. The safety zone is needed to protect spectators and the
President's entourage. Entry into these zones are prohibited unless
authorized by the Captain of the Port, Providence Rhode Island or the
Coast Guard Presidential Security Detail Senior Duty Officer.
EFFECTIVE DATE: This regulation is effective from August 17, 1997, to
[[Page 45722]]
September 7, 1997, or for the duration of the President's visit, unless
terminated sooner by the Captain of the Port.
ADDRESSES: Documents relating to this temporary final rule are
available for inspection and copying at U.S. Coast Guard Marine Safety
Office Providence, 20 Risho Avenue, East Providence, RI 02914. Normal
office hours are between 8:00 A.M. and 4:00 P.M., Monday through
Friday, except holidays.
FOR FURTHER INFORMATION CONTACT:
Lt. Ronald Cantin, Marine Safety Field Office, Cape Cod, MA (508) 968-
6556.
SUPPLEMENTARY INFORMATION:
Drafting Information: The principal person involved in drafting
this document is Lt. R. J. Cantin, Project Manager.
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking was not
published for this regulation and good cause exists for making it
effective in less than 30 days after Federal Register publication. Due
to the sensitive and unpredictable nature of the President's schedule,
the Coast Guard received insufficient notice to publish proposed rules
in advance of the event. Publishing a NPRM and delaying its effective
date would be contrary to public interest since immediate action is
needed to protect the President.
Background and Purpose
From August 17, 1997, to September 07, 1997, President Clinton will
be vacationing on Martha's Vineyard, MA. While vacationing, he and his
family will reside at the Friedman residence which is located on Oyster
Pond, just inland of the south shore of Martha's Vineyard.
The safety and security zones are needed to protect the President
from harmful or subversive acts in the vicinity of the Friedman
residence.
The safety and security zones have identical boundaries. Both are
necessary since a civil penalty as authorized by 33 U.S.C. 1232(b)(1)
cannot be assessed for security zone violations but can be for safety
zone violations. All persons, other than those authorized by the
Captain of the Port or the Coast Guard Presidential Security Detail
Senior Duty Officer, will be prohibited from these zones. They
encompass a rectangular area of water extending approximately one-half
mile along the beach and 500 yards out into the water. The safety and
security zones will be marked by buoys indicating an exclusionary area.
Regulatory Evaluation
This temporary 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 been exempted from review by the Office of
Management and Budget under that 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 proposal to be so minimal that a Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary. The size of the zones are the minimum
necessary to provide adequate protection for the President. The
entities most likely to be affected are individuals wishing to view the
President and pleasure craft engaged in recreational activities. These
individuals and vessels have ample space outside of the safety and
security zones to engage in these activities and therefore they will
not be subject to undue hardship. Commercial vessels do not normally
transit the area of the safety and security zones. Any hardships
experienced by persons or vessels due to these zones are considered
minimal compared to the national interest in protecting the President.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this temporary rule will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include independently owned and operated small
businesses that are not dominant in their field and that otherwise
qualify as ``small business concerns'' under section 3 of the Small
Business Act (15 U.S.C. 632). For the reasons outlined in the
Regulatory Evaluation, the Coast Guard expects the impact to be minimal
on all entities. Therefore, the Coast Guard certifies under 5 U.S.C.
605(b) that this temporary rule, if adopted, will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This temporary rule contains no collection of information
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.).
Federalism
The Coast Guard has analyzed this temporary rule in accordance with
the principles and criteria contained in Executive Order 12612 and has
determined that this temporary rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
This temporary rule has been thoroughly reviewed by the Coast Guard
and determined to be categorically excluded from further environmental
documentation in accordance with section 2.B.2.c of Commandant
Instruction M16475.1B, as revised in 59 FR 38654, July 29, 1994. A
Categorical Exclusion Determination and Environmental Analysis
Checklist are included in the docket and is available for inspection
and copying at the address listed under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulation
For the reasons discussed 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 and 160.5; 49 CFR 1.46.
2. A temporary section 165.T01-085 is added to read as follows:
Sec. 165.T01-085 Safety and Security Zones: Presidential Visit;
Martha's Vineyard, MA.
(a) Location. The following area is both a safety zone and a
security zone: From a point on land at Latitude 41 degrees 20 minutes
54 seconds N and Longitude 070 degrees 36 minutes 34 seconds W; thence
eastward along the shoreline to a point on land at Latitude 41 degrees
20 minutes 57 seconds N and Longitude 070 degrees 35 minutes 45 seconds
W; thence south 500 yards to an offshore point at Latitude 41 degrees
20 minutes 42 seconds N and Longitude 070 degrees 35 minutes 47 seconds
W; thence west to an offshore point at Latitude 41 degrees 20 minutes
42 seconds N and Longitude 070 degrees 36 minutes 30 seconds W; thence
north to the beginning point. The aforementioned offshore points will
be marked by buoys indicating the safety and security zone.
(b) Effective Date. This regulation is effective during the
President's vacation from August 17, 1997, to September 7,
[[Page 45723]]
1997, or for the duration of the President's visit to Martha's
Vineyard, unless terminated sooner by the Captain of the Port.
(c) Regulations. The general regulations governing safety and
security zones in 33 CFR 165.23 and 165.33 apply. Entry into the zones
is prohibited unless authorized by the Captain of the Port Providence
or the Coast Guard Presidential Security Detail Senior Duty Officer.
Dated: August 12, 1997.
Peter A. Popko,
Captain, U.S. Coast Guard, Captain of the Port, Providence, RI.
[FR Doc. 97-23071 Filed 8-28-97; 8:45 am]
BILLING CODE 4910-14-M
