[Federal Register Volume 59, Number 173 (Thursday, September 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22166]
[[Page Unknown]]
[Federal Register: September 8, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD01-94-132]
RIN 2115-AA97
Safety and Security Zones; Presidential Visit, Martha's Vineyard,
MA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing moving safety and security
zones, with identical boundaries, around the President of the United
States during his vacation on Martha's Vineyard, Massachusetts. The
safety and security zones are needed to safeguard the President from
sabotage or other subversive acts, accidents, or other causes of a
similar nature. Entry into the 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 DATES: This regulation is effective from August 26, 1994, to
September 12, 1994, or for the duration of the President's visit,
unless terminated sooner by the Captain of the Port.
FOR FURTHER INFORMATION CONTACT:
LT David Dolloff, Marine Safety Field Office, Cape Cod, MA (508) 968-
6556.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are LT
D.H. Dolloff, Project Manager, and LCDR J.D. Stieb, Project Counsel,
First District Legal Office.
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 nature as well as the unpredictable nature of the
President's schedule, this office received insufficient notice to
publish proposed rules in advance of the event. Publishing a NPRM and
delaying its effective date would be contrary to publish interest since
immediate action is needed to prevent injury to the President. Any harm
to the President would cause far-reaching negative impacts on all
people of the United States.
Background and Purpose
From August 26, 1994, to September 12, 1994, 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, jogs along the beach, dinners at waterfront
restaurants, golfing, etc.
This regulation establishes moving safety and security zones around
the President which extend 500 yards in all directions. The zones are
needed to protect the President from sabotage or other subversive acts.
It is not presently possible to predict the President's exact movements
on Martha's Vineyard. Accordingly, the Coast Guard Captain of the Port
will activate these 500 yard safety and security zones in all
directions around the President when necessary to protect the
President. 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 cannot
be assessed for security zone violations but can be for safety zone
violations. All persons, other than those approved by the Captain of
the Port, will be prohibited from these zones. The activation and
enforcement of these zones will be coordinated with the Secret Service.
Regulatory Evaluation
This proposal 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 entities most likely to be affected are landside individuals
wishing to view the President and pleasure craft engaged in
recreational activities or wishing to view the President. 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
also 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 transiting to
various ports and through various waters. In this case, however, it is
expected that vessels will be allowed by the Captain of the Port to
transit through the zones as necessary so as not to place undue
hardship on these vessels. 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 proposal 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 certificates under 5 U.S.C. 605(b) that this
proposal, if adopted, will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501).
Federalism
The Coast Guard has analyzed this proposal in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this proposal does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The environmental impact of this rule has been evaluated using the
Coast Guard's procedures for implementing the National Environmental
Policy Act (Commandant Instruction M16474.1B). Under Section 2.B.2.(e)
of these procedures, it is concluded that this action is categorically
excluded from further environmental documentation. A Categorical
Exclusion Determination will be made available in the docket.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Final Regulation
For the 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 and 160.5; 49 CFR 1.46.
2. A temporary section 165.T01-132 is added to read as follows:
Sec. 165.T01-132 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 during the
President's vacation on Martha's Vineyard. The extent of these zones
may be expanded or reduced by the Captain of the Port, Providence,
R.I., as necessary to protect the President.
(b) Effective dates. This regulation is effective during the
President's vacation from August 26, 1994 to September 12, 1994, 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 possibly through
Safety Marine Information Broadcasts.
(c) Regulations. In accordance with the general regulations
governing safety and security zones contained in 33 CFR 165.23 and
165.33, entry into the zones is prohibited unless authorized by the
Captain of the Port Providence.
Dated: August 26, 1994.
P.A. Turlo,
Captain, U.S. Coast Guard, Captain of the Port, Providence, RI.
[FR Doc. 94-22166 Filed 9-7-94; 8:45 am]
BILLING CODE 4910-14-M
