[Federal Register Volume 65, Number 153 (Tuesday, August 8, 2000)]
[Rules and Regulations]
[Pages 48381-48383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20116]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-189]
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 the south shore of Martha's 
Vineyard, Massachusetts, during the President of the United States' 
visit to Martha's Vineyard, Massachusetts. The security zone is needed 
to safeguard the public, the area adjoining the Friedman residence and 
the President and his family from sabotage or other subversive acts, 
accidents, or other causes of a similar nature. The safety zone is 
needed to protect the public. Entry into these 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 rule is effective from 6 a.m., Tuesday, August 1, 2000, to 
12 midnight on Tuesday, August 8, 2000.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection and copying at Marine Safety Office Providence, 20 Risho 
Avenue, East Providence, Rhode Island between the hours of 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

[[Page 48382]]


FOR FURTHER INFORMATION CONTACT: LT David C. Barata at Marine Safety 
Office Providence, (401) 435-2335.

SUPLEMENTARY INFORMATION:

Regulatory Information

    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 less then 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. Any delay encountered in this regulation's 
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 1, 2000, to August 8, 2000, 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. The zones 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. The public will be made aware of these safety zones through a 
Broadcast Notice to Mariners made from U.S. Coast Guard Group Woods 
Hole.

Regulatory Evaluation

    This 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. The 
Office of Management and Budget has not reviewed it 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 sizes of the zones are the minimum necessary to provide 
adequate protection of the President. The entities most likely to be 
affected are pleasure craft engaged in recreational activities and 
sightseeing. 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 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.), we 
considered whether this proposal will have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses and not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule will affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to transit along the south shore of Martha's Vineyard from 
August 1, 2000 to August 8, 2000. The safety and security zones will 
not have a significant economic impact on a substantial number of small 
entities for the following reasons. Vessel traffic can pass safely 
around the area and commercial vessels do not normally transit the 
area. Vessels engaged in recreational activities and sightseeing have 
ample space outside of the safety and security zones to engage in these 
activities. Before the effective period, we will issue maritime 
advisories widely available to users of the area.

Assistance for Small Entities

    Under subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard 
wants to assist small entities in understanding this final rule so that 
they can better evaluate its effects on them and participate in the 
rulemaking. If your small business or organization would be affected by 
this final rule and you have questions concerning its provisions or 
options for compliance, please call LT David Barata, telephone (401) 
435-2335.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comments on actions by employees of the Coast Guard, call 1-888-REG-
FAIR (1-888-734-3247).

Collection of Information

    This rule calls for no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    We have analyzed this action under Executive Order 13132, and have 
determined that this rule does not have federalism implications under 
that order.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking Of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of these 
regulations and concluded that under Figure 2-1, paragraph 34(g) of 
Commandant Instruction M16475.1C,

[[Page 48383]]

this rule is categorically excluded from further environmental 
documentation. A written Categorical Exclusion Determination is 
available in the docket for inspection or copying where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports 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. Add temporary Sec. 165.T00-189 to read as follows:


Sec. 165.T00-189  Safety and Security Zones: Presidential Visit; 
Martha's Vineyard, MA.

    (a) Location. The following area has been declared both a safety 
zone and a security zone: From a point beginning on land at Latitude 41 
degrees 20' 54" N, Longitude 070 degrees 36' 34" W; thence eastward 
along the shoreline to a point on land at Latitude 41 degrees 20' 57" 
N, Longitude 070 degrees 35' 45" W; thence south 500 yards to an 
offshore point at Latitude 41 degrees 20' 42" N, Longitude 070 degrees 
35' 47" W; thence west to an offshore point at Latitude 41 degrees 20' 
42" N, Longitude 070 degrees 36' 30" W; thence north to the beginning 
point. The aforementioned offshore points will be marked by buoys 
indicating the safety and security zones.
    (b) Effective date. This rule is effective from 6 a.m. on Tuesday, 
August 1, 2000, until 12 midnight on Tuesday, August 8, 2000.
    (c) Regulations.
    (1) In accordance with the general regulations in Secs. 165.23 and 
165.33 of this part, entry into or movement within these zones is 
prohibited unless authorized by the COTP Providence or the Coast Guard 
Presidential Security Detail Senior Duty Officer.
    (2) No person may swim upon or below the surface of the water 
within the boundaries of these security and safety zones.
    (3) All persons and vessels shall comply with the instructions of 
the COTP, the Coast Guard Presidential Security Detail Senior Duty 
Officer, or the designated on-scene U.S. Coast Guard patrol personnel. 
U.S. Coast Guard patrol personnel include commissioned, warrant, and 
petty officers of the U.S. Coast Guard.
    (4) The general regulations covering safety and security zones in 
Secs. 165.23 and 165.33, respectively, of this part apply.

    Dated: July 27, 2000.
Mark G. Vanhaverbeke,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 00-20116 Filed 8-4-00; 12:50 pm]
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