[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: 94-22165]


[[Page Unknown]]

[Federal Register: September 8, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-94-131]
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 of the south shore of Martha's 
Vineyard, Massachusetts, while the President of the United States 
vacations at the Freidman residence on Oyster Pond, Martha's Vineyard, 
Massachusetts. The safety and security zones are needed to safeguard 
the President of the United States from sabotage or other subversive 
acts, accidents, or other causes of a similar nature. Entry into this 
zone is prohibited unless authorized by the Captain of the Port or the 
Coast Guard President Security 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 (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 unpredictability 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 public interest since 
immediate action is needed to prevent injury to the President. Any harm 
to the President would have 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, he and his 
family will reside at the Freidman 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 Freidman 
residence. 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. 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. 
The safety and security zones apply to all persons within the 
designated area.

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 full Regulatory Evaluation under 
paragraph 10e of the regulatory policies of DOT is unnecessary. The 
entities most likely to be affected are individuals or pleasure craft 
engaged in recreational activities, or wishing to view the President. 
These vessels and people 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.

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 dominate 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 
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.T01-131 is added to read as follows;


Sec. 165.T01-131  Safety and Security Zone: 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 deg. 20' 54'' N and 
Longitude 070 deg. 36' 34'' W; thence eastward along the shoreline to a 
point on land at Latitude 41 deg. 20' 57'' N and Longitude 070 deg. 35' 
45'' W; thence south 500 yards to an offshore point at Latitude 41 deg. 
20' 42'' N and Longitude 070 deg. 46'' W; thence west to an offshore 
point at Latitude 41 deg. 20' 42'' N and Longitude 070 deg. 36' 29'' W; 
thence north to the beginning point. The aforementioned offshore points 
will be marked by buoys indicating the security zone.
    (b) Effective date. This section is effective from August 26, 1994 
to September 12, 1994, or for the duration of the President's visit to 
Martha's Vineyard, unless terminated sooner by the Captain of the Port.
    (c) Regulations. In accordance with the general regulations 
governing safety and security zones contained in 33 CFR 165.23 and 
165.33 of this part, entry into any portion of the described zones is 
prohibited unless authorized by the Captain of the Port or the Coast 
Guard Presidential Security Detail Senior Duty Officer, as necessary to 
protect the President.

    Dated: August 26, 1994.
P.A. Turlo,
Captain, U.S. Coast Guard, Captain of the Port, Providence, RI.
[FR Doc. 94-22165 Filed 9-7-94; 8:45 am]
BILLING CODE 4910-14-M