[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]


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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.

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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