[Federal Register Volume 65, Number 153 (Tuesday, August 8, 2000)]
[Rules and Regulations]
[Pages 48383-48385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20126]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-00-190]
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, around the President of the United 
States during his vacation on Martha's Vineyard, Massachusetts. The 
security zone is needed to safeguard the public, the President and 
adjoining areas 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, 
until 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.

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 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. 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 adjoining 
areas.

Background and Purpose

    From August 1, 2000, to August 8, 2000, President Clinton will be 
vacationing on Martha's Vineyard, MA. While vacationing, the President 
may participate in a variety of activities including boating or fishing 
trips, swimming, jogs along the beach, dinners at waterfront 
restaurants, and 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 zones around the President 
extending 500 yards in all directions. The zones will be activated 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 
activate the safety and security zones when necessary. Notice of the 
exact location of the safety and security zones will be given via loud 
hailer, channels 16 and 22 VHF, or through Safety Maine 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 pursuant to their authority under 18 U.S.C. 3056.

Regulatory Evaluation

    This temporary final 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;

[[Page 48384]]

February 26, 1979). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10(e) of the regulatory policies and procedures of DOT is unnecessary. 
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. If the President is onboard a 
vessel, the zones may impact ferries or other commercial vessels. In 
order not to place undue hardships on these vessels and their 
passengers, provided there is adequate protection for the President and 
the public, vessels may be allowed to transit through the 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.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000. For the reasons addressed in the 
Regulatory Evaluation above, 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.

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.
    The Ombudsman of Regulatory Enforcement for Small Business and 
Agriculture and 10 Regional Fairness Boards were established to receive 
comments from small businesses about enforcement by Federal agencies. 
The Ombudsman will annually evaluate such enforcement and rate each 
agency's responsiveness to small business. If you wish to comment on 
enforcement by the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

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

Federalism

    The Coast Guard has analyzed this action in accordance with the 
principles and criteria contained in Executive Order 13132, and has 
determined that these regulations do not raise sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Unfunded Mandates

    Under 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 Executive Order 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 Executive Order 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 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 written Categorical 
Exclusion Determination is available in the docket for inspection or 
copying where indicated under ADDRESSES.

List of Subjects in 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.T00-190 to read as follows:


Sec. 165.T00-190  Safety and Security Zones: Presidential Visit; 
Martha's Vineyard, MA.

    (a) Location. The following area is a moving safety zone and a 
security zone: A five hundred (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.
    (b) Effective date. This rule is effective from 6 a.m. on Tuesday, 
August 1, 2000, until 12 midnight on Tuesday, August 8, 2000. 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 and the public. As appropriate, notice of the activation of 
these zones may be made via loud hailer, Channels 16 and 22 VHF, or 
through Safety Marine Information Broadcasts.
    (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) 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.
    (3) The general regulations covering safety and security zones in 
section Secs. 165.23 and 165.33, respectively, of this part apply.


[[Page 48385]]


    Dated: July 27, 2000.
Mark G. Vanhaverbeke,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 00-20126 Filed 8-4-00; 3:08 pm]
BILLING CODE 4910-15-U