[Federal Register Volume 63, Number 168 (Monday, August 31, 1998)]
[Rules and Regulations]
[Pages 46177-46179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23375]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-98-114]
RIN AA97


Safety and Security Zone; Presidential Visit, Martha's Vineyard, 
MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone and 
security zone, with identical boundaries, off the south shore of 
Martha's Vineyard, Massachusetts, during the President of the United 
States' vacation at the Friedman residence on Oyster Pond, Martha's 
Vineyard, Massachusetts. The security zone is needed to safeguard the 
President, the public and the area adjoining the Friedman residence 
from sabotage or other subversive acts,

[[Page 46178]]

accidents, or other causes of a similar nature. The safety zone is 
needed to protect spectators and the President's entourage. Entry into 
these zones are 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 a.m. and 4 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 (NPRM) 
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, the public and the area 
adjoining the Friedman residence.

Background and Purpose

    From August 17, 1998, to August 31, 1998, President Clinton will be 
vacationing on Martha's Vineyard, MA. While vacationing, he and his 
family will reside at the Friedman 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 and the 
public from harmful or subversive acts in the vicinity of the Friedman 
residence. 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. 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.

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. Commercial vessels do not normally 
transit the area of the safety and security zones. Any hardships 
experienced by persons or vessels due to these zones are expected to be 
minimal.

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 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 
listed 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 Sec. 165.T01-114 is added to read as follows:


Sec. 165.T01-114  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 beginning on land at Latitude 41 degrees 20 
minutes 54 seconds N, Longitude 070 degrees 36 minutes 34 seconds W; 
thence eastward along the shoreline to a point on land at Latitude 41 
degrees 20 minutes 57 seconds N, Longitude 070 degrees 35 minutes 45 
seconds W; thence south 500 yards to an offshore point at Latitude 41 
degrees 20 minutes 42 seconds N, Longitude 070 degrees 46 seconds W; 
thence west to an offshore point at Latitude 41 degrees 20 minutes 42 
seconds N, Longitude 070 degrees 36 minutes 29 seconds W; thence north 
to the beginning point. The aforementioned offshore points will be 
marked by buoys indicating the safety and security zone.
    (b) Effective Date. This section is effective from August 17, 1998 
through August 31, 1998.

[[Page 46179]]

    (c) Regulations. The general regulations governing safety and 
security zones in Secs. 165.23 and 165.33 of this part apply. Entry 
into these 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. 98-23375 Filed 8-28-98; 8:45 am]
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