[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Rules and Regulations]
[Pages 45720-45721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23072]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-97-082]
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 moving safety and
security zones, with identical boundaries, around the President of the
United States during his vacation on 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 necessary to protect the spectators and the
President's entourage. Entry into the zones is 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
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 7, 1997, President Clinton will
be vacationing on Martha's Vineyard, MA. While vacationing, the
President may be involved in a myriad of activities including boating
or fishing trips, swimming, jogs along the beach, dinners at waterfront
restaurants, golfing, etc.
This temporary rule establishes moving safety and security zones
around the President which extend 500 yards in all directions. The
zones are needed for the safety and security of the President, as well
as spectators and the President's entourage.
It is not possible to predict the President's exact movements on
Martha's Vineyard. Accordingly, the Coast Guard Captain of the Port or
the Coast Guard Presidential Security Detail Senior Duty Officer will
activate these 500 yard safety and security zones in all directions
around the President when necessary to protect the President. Notice of
the exact location of the safety and security zones will be given via
loudhailer, channels 16 and 22 VHF, or through Safety Marine
Information Broadcasts, as appropriate. The zones will be activated
when the President is on or near the waters of the United States and
may be expanded or reduced as necessary to protect the President.
The safety and security zones have identical boundaries. Both are
necessary since a civil penalty as authorized by 33 USC 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
[[Page 45721]]
Officer, will be prohibited from these zones. The activation and
enforcement of these zones will be coordinated with the Secret Service.
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. The safety
and security zones may be adjusted if it becomes impracticable to keep
the public 500 yards from the President. The zones may impact ferries
or other commercial vessels if the President is onboard a vessel. In
this case, vessels may be allowed to transit through the zones as
necessary so as not to place undue hardships on these vessels, provided
there is adequate protection for the President. 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).
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.T01-082 is added to read as follows:
Sec. 165.T01-082 Safety and Security Zones: Presidential Visit;
Martha's Vineyard, MA.
(a) Location. The following area is a moving safety and a moving
security zone: A 500 yard radius around the President of the United
States at all times designated by the Captain of the Port or the Coast
Guard Presidential Security Detail Senior Duty Officer during the
President's vacation on Martha's Vineyard. The size of these zones may
be expanded or reduced as necessary to protect the President.
(b) Effective Date. This regulation is effective during the
President's vacation from August 17, 1997, to September 7, 1997, or for
the duration of the President's visit to Martha's Vineyard. The
security and safety zones established by this regulation will be
activated by the Captain of the Port or the Coast Guard Presidential
Security Detail Senior Duty Officer as necessary to protect the
President. As appropriate, notice of the activation of this zone may be
made via loud hailer, Channels 16 and 22 VHF, or through Safety Marine
Information Broadcasts.
(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. 97-23072 Filed 8-28-97; 8:45 am]
BILLING CODE 4910-14-M
