[Federal Register Volume 63, Number 168 (Monday, August 31, 1998)]
[Rules and Regulations]
[Pages 46176-46177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23374]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-115]
RIN 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, the public, and 
property 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.

DATES: This regulation is effective from August 17, 1998, through 
August 31, 1998.

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, U.S. Coast Guard, 
Marine Safety Field Office, Cape Cod, MA, at (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 (NPRM) 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 the public interest since 
immediate action is needed to protect the President and the public.

Background and Purpose

    From August 17, 1998, through August 31, 1998, President Clinton 
will be vacationing on Martha's Vineyard, MA. While vacationing, the 
President may be involved in myriad activities including boating or 
fishing trips, swimming, jogs along the beach, dinners at waterfront 
restaurants, golfing, all of which will place him on or in close 
proximity to the navigable waters of the United States. This temporary 
rule establishes moving safety and security

[[Page 46177]]

zones around the President extending 500 yards in all directions. The 
zones will be enforced when the President is on or near the waters of 
the United States.
    The zones are needed for the safety and security of the President 
and to protect the public and adjacent areas from sabotage or other 
subversive acts, accidents, or other causes of a similar nature.
    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 
enforce these 500 yard safety and security zones in all directions 
around the President when necessary. 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 safety and security zones have identical boundaries. 
All persons, other than those approved by the Captain of the Port or 
the Coast Guard Presidential Security Detail Senior Duty 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 engaging in 
recreational activities. These individuals and vessels have ample space 
out side of the safety and security zones to engage in these activities 
and therefore they will not be subject to undue hardship. The zones may 
impact ferries or other commercial vessels if the President is onboard 
a vessel. If so, 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 and the public. Any 
hardships experienced by persons or vessels are considered minimal 
compared to the national interest in protecting the President and the 
public.

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 businesses 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 certified 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 that Paperwork Reduction Act (44 U.S.C. 3501).

Federalism

    The Coast Guard has analyzed this action in accordance with the 
principles and criteria contained in Executive Order 12612, and has 
determined that these regulations do not raise sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of these 
regulations and concluded that under figure 2-1, paragraph 34(g) of 
Commandant Instruction M16475.1C, this rule is categorically excluded 
from further environmental documentation. A Categorical Exclusion 
Determination and Environmental Analysis Checklist are included in the 
docket and is available for inspection and copying at the address list 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    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.T01-115 is added to read as follows:


Sec. 165.T01-115  Safety and Security Zone: Presidential Visit; 
Martha's Vineyard, MA.

    (a) Location. The following area is a moving safety zone and a 
moving security zone: All areas within a 500 yard radius from the 
President of the United States.
    (b) Effective Date. This section is effective from August 17, 1998 
through August 31, 1998. The security and safety zones established by 
this section will be enforced by the Captain of the Port or the Coast 
Guard Presidential Security Detail Senior Duty Officer as necessary to 
protect the President and the public. As appropriate, notice of the 
location 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 Secs. 165.23 and 165.33 of this part 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 14, 1998.
Peter A. Popko,
Captain, U.S. Coast Guard Captain of the Port.
[FR Doc. 98-23374 Filed 8-28-98; 8:45 am]
BILLING CODE 4910-15-M