[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Rules and Regulations]
[Pages 45721-45723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23071]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01 97-085]
RIN 2115-AA97


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

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

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' 
vacation at the Friedman residence on Oyster Pond, Martha's Vineyard, 
Massachusetts. The security zone is needed to safeguard the President 
from sabotage or other subversive acts, 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.

EFFECTIVE DATE: This regulation is effective from August 17, 1997, to

[[Page 45722]]

September 7, 1997, or for the duration of the President's visit, unless 
terminated sooner by the Captain of the Port.

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, Marine Safety Field Office, Cape Cod, MA (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 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.

Background and Purpose

    From August 17, 1997, to September 07, 1997, 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 
from harmful or subversive acts in the vicinity of the Friedman 
residence.
    The safety and security zones have identical boundaries. Both are 
necessary since a civil penalty as authorized by 33 U.S.C. 1232(b)(1) 
cannot be assessed for security zone violations but can be for safety 
zone violations. All persons, other than those authorized 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 indicating an exclusionary area.

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 considered 
minimal compared to the national interest in protecting the President.

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 et 
seq.).

Federalism

    The Coast Guard has analyzed this temporary rule in accordance with 
the principles and criteria contained in Executive Order 12612 and has 
determined that this temporary rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    This temporary rule has been thoroughly reviewed by the Coast Guard 
and determined to be categorically excluded from further environmental 
documentation in accordance with section 2.B.2.c of Commandant 
Instruction M16475.1B, as revised in 59 FR 38654, July 29, 1994. 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.

Regulation

    For the reasons discussed 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.T01-085 is added to read as follows:


Sec. 165.T01-085  Safety and Security Zones: Presidential Visit; 
Martha's Vineyard, MA.

    (a) Location. The following area is both a safety zone and a 
security zone: From a point on land at Latitude 41 degrees 20 minutes 
54 seconds N and 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 and 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 and Longitude 070 degrees 35 minutes 47 seconds 
W; thence west to an offshore point at Latitude 41 degrees 20 minutes 
42 seconds N and Longitude 070 degrees 36 minutes 30 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 regulation is effective during the 
President's vacation from August 17, 1997, to September 7,

[[Page 45723]]

1997, or for the duration of the President's visit to Martha's 
Vineyard, unless terminated sooner by the Captain of the Port.
    (c) Regulations. The general regulations governing safety and 
security zones in 33 CFR 165.23 and 165.33 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 12, 1997.
Peter A. Popko,
Captain, U.S. Coast Guard, Captain of the Port, Providence, RI.
[FR Doc. 97-23071 Filed 8-28-97; 8:45 am]
BILLING CODE 4910-14-M