[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Rules and Regulations]
[Pages 49686-49688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19987]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2014-0708]
RIN 1625-AA87


Security Zone: Martha's Vineyard, Massachusetts

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two 1000-yard temporary 
security zones around the President of the United States (POTUS) and/or 
the first family in conjunction with their visit to Martha's Vineyard, 
Massachusetts. Vessels and people will be prohibited from entering 
these security zones during the effective period.
    These security zones will be effective from 30 minutes prior to the 
arrival of the POTUS and/or the first family within 1000 yards of 
navigable waters of the U.S. in the the coastal areas of Chilmark and 
Edgartown Great Pond, Martha's Vineyard, Massachusetts, until departure 
of the POTUS and/or the first family from the area. These security 
zones are needed to safeguard the POTUS and the first family from 
potential threats or harm. Entry into these zones by any vessel or 
person is prohibited unless specifically authorized by the Captain of 
the Port (COTP) or the COTP's designated on-scene representative.

DATES: This rule is effective without actual notice from August 22, 
2014 until August 24, 2014 at 5:00 p.m. For the purposes of 
enforcement, actual notice will be used from the date the rule was 
signed, August 7, 2014, until August 22, 2014.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2014-0708 and are available online 
by going to http://www.regulations.gov, inserting USCG-2014-0708 in the 
''Keyword'' box, and then clicking ``Search''. They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Mr. Edward G. LeBlanc at Sector 
Southeastern New England; telephone (401) 435-2351, email 
[email protected]. If you have questions on viewing the docket, 
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

APA Administrative Procedure Act
CFR Code of Federal Register
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
POTUS President of the United States
USC United States Code
USCG United States Coast Guard

A. Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because of the sensitive security issues 
related to the POTUS and first family. Providing a public notice and 
comment period is contrary to national security concerns and the public 
interest.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Any delay encountered in this 
temporary rule's effective date would be contrary to the public 
interest given the immediate need to ensure the safety and security of 
the POTUS and first family during their visit to Martha's Vineyard, 
Massachusetts, from August 08, 2014 through August 24, 2014.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1231; 46 U.S.C. Chapter 
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 
160.5; Public Law 107-295, 116 Stat. 2064; and Department of Homeland 
Security Delegation No. 0170.1.
    The POTUS and first family will visit Martha's Vineyard, 
Massachusetts, from August 08, 2014 through August 24, 2014. It is 
expected they will reside and/or participate in activities on property 
that borders navigable waters within the Captain of the Port, 
Southeastern New England zone. The U.S. Secret Service has requested 
that the Coast Guard provide 1000-yard waterside security zones around 
the POTUS and the first family. These security zones are intended to 
provide security for the POTUS and first family by preventing vessels 
and persons from approaching the location of the POTUS and first family 
without prior authorization from the U.S. Secret Service.

C. Discussion of Rule

    This temporary rule establishes 1000-yard security zones in the 
navigable waters in the vicinity of the POTUS and first family during 
their visit to Martha's Vineyard, Massachusetts, from August 08-24, 
2014. Vessels and persons will be prohibited from entering these 
security zones whenever they are enforced due to the presence of the 
POTUS and/or first family.
    This rule is effective from 8:00 a.m. on Friday, August 08, 2014 
through 5:00 p.m. on Sunday, August 24, 2014.
    This action is intended to temporarily prohibit vessels or people 
from approaching within 1000 yards of the POTUS and/or first family 
while they are in or near the navigable waters of the U.S. during their 
visit to Martha's Vineyard, Massachusetts.
    The Captain of the Port, Southeastern New England, anticipates 
negligible negative impact on vessel traffic from these temporary 
security zones, as they will be in effect for only sixteen days, and 
will only be enforced while the POTUS and/or first family are in the 
vicinity of the navigable waters of the U.S. at Martha's Vineyard, 
Massachusetts. It has been determined that the necessary security 
enhancements provided by this rule

[[Page 49687]]

greatly outweigh any potential negative impacts.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders relating to rulemaking. Below we summarize our 
analyses based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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.
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full regulatory evaluation under the regulatory policies 
and procedures of DHS is unnecessary. The effect of this rule will not 
be significant as the duration of the security zones is for only 
sixteen days, and will only be in effect while the POTUS and/or first 
family are in the vicinity of the navigable waters of the U.S. at 
Martha's Vineyard, Massachusetts.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, 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 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule may affect the following entities, some of which may be 
small entities: the owners and operators of vessels intending to 
transit in the vicinity of Martha's Vineyard, Massachusetts from 8:00 
a.m. on Friday, August 8, 2014 through 5:00 p.m. on Sunday, August 24, 
2014. The security zones will not have a significant impact on a 
substantial number of small entities for the following reasons: The 
security zones are temporary and effective only while the POTUS and/or 
first family are in the vicinity of the navigable waters of the U.S. at 
Martha's Vineyard, Massachusetts. Thus, the temporary nature and 
limited effective period of the zones, coupled with the ability of the 
maritime public to maneuver around the zones, will allow small entities 
to plan and conduct their business accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If you 
think your small business or organization would be affected by this 
rule and you have any questions concerning its provisions or options 
for compliance, please call Mr. Edward G. Leblanc at (401) 435-2351.
    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 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. 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 create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not

[[Page 49688]]

require a Statement of Energy Effects under Executive Order 13211.

13. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g) of the Instruction. This rule fits the category selected from 
paragraph (34)(g), as it establishes temporary security zones for a 
limited period of time. An environmental analysis checklist and a 
categorical exclusion determination will be available in the docket 
where indicated under ADDRESSES. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T01-0708 to read as follows:


Sec.  165.T01-0708  Security Zone: Martha's Vineyard, Massachusetts.

    (a) Location. The following areas are security zones: All navigable 
waters, from surface to bottom, within 1000 yards of the POTUS and/or 
first family while underway in, or on shore but within 1000 yards of, 
the navigable waters of the U.S. in the coastal areas of Chilmark and 
Edgartown Great Pond, Martha's Vineyard, Massachusetts.
    (b) Notification. Coast Guard Sector Southeastern New England will 
give actual notice to mariners for the purpose of enforcement of these 
temporary security zones.
    (c) Effective and Enforcement Period. This rule is effective for 
purposes of enforcement from 8:00 a.m. on Friday, August 8, 2014 
through 5:00 p.m. on Sunday, August 24, 2014. This rule will be 
enforced with actual notice during the effective period.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.33 apply.
    (2) In accordance with the general regulations in Sec.  165.33 of 
this part, entry into or movement within these zones is prohibited 
unless authorized by the Captain of the Port or his designated 
representatives.
    (3) The ``designated representative'' is any Coast Guard 
commissioned, warrant, or petty officer who has been designated by the 
Captain of the Port to act on his behalf. The on-scene representative 
may be on a Coast Guard vessel, or onboard a federal, state, or local 
agency vessel that is authorized to act in support of the Coast Guard.
    (4) Upon being hailed by a U.S. Coast Guard vessel or his 
designated representative, by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed.
    (5) Vessel operators desiring to enter or operate within these 
security zones shall contact the Captain of the Port or his designated 
representative via VHF channel 16 to obtain permission to do so.

    Dated: August 7, 2014.
J. T. Kondratowicz,
Captain, U.S. Coast Guard, Captain of the Port, Southeastern New 
England.
[FR Doc. 2014-19987 Filed 8-21-14; 8:45 am]
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