[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