Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 45721

Officer, will be prohibited from these

zones. The activation and enforcement

of these zones will be coordinated with

the Secret Service.

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. The safety and security

zones may be adjusted if it becomes

impracticable to keep the public 500

yards from the President. The zones

may impact ferries or other commercial

vessels if the President is onboard a

vessel. In this case, vessels may be

allowed to transit through the zones as

necessary so as not to place undue

hardships on these vessels, provided

there is adequate protection for the

President. 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).

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.T01–082

is added to read as follows:

§ 165.T01–082 Safety and Security Zones:

Presidential Visit; Martha’s Vineyard, MA.

(a) Location. The following area is a

moving safety and a moving security

zone: A 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

during the President’s vacation on

Martha’s Vineyard. The size of these

zones may be expanded or reduced as

necessary to protect the President.

(b) Effective Date. This regulation is

effective during the President’s vacation

from August 17, 1997, to September 7,

1997, or for the duration of the

President’s visit to Martha’s Vineyard.

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. As appropriate,

notice of the activation of this zone may

be made via loud hailer, Channels 16

and 22 VHF, or through Safety Marine

Information Broadcasts.

(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. 97–23072 Filed 8–28–97; 8:45 am]

BILLING CODE 4910–14–M

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
45722 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations

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:

§ 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,
Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 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

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018–AD90

Subsistence Management Regulations

for Public Lands in Alaska, Subpart C

and Subpart D—1997–1998

Subsistence Taking of Fish and

Wildlife Regulations; Correcting

Amendments

AGENCY: Forest Service, USDA. Fish and

Wildlife Service, Interior.

ACTION: Correcting amendments.

SUMMARY: These corrections amend the

Subsistence Management Regulations

for Public Lands in Alaska (50 CFR part

100 and 36 CFR part 242, published in

the Federal Register on May 29, 1997

(62 FR 29016)) implementing the

subsistence priority for rural residents

of Alaska under Title VIII of the Alaska

National Interest Lands Conservation

Act of 1980.

DATES: The amendments to Section

ll.24 are effective July 1, 1997. The

amendments to Section ll.25 are

effective July 1, 1997, through June 30,

1998.

FOR FURTHER INFORMATION CONTACT:

Thomas H. Boyd, Office of Subsistence

Management, U.S. Fish and Wildlife

Service, 1011 E. Tudor Road,

Anchorage, Alaska 99503; telephone

(907) 786–3888. For questions specific

to National Forest System lands, contact

Ken Thompson, Regional Subsistence

Program Manager, USDA—Forest

Service, Alaska Region, P.O. Box 21628,

Juneau, Alaska 99802–1628; telephone

(907) 586–7921.

SUPPLEMENTARY INFORMATION:

Background

Title VIII of the Alaska National

Interest Lands Conservation Act

(ANILCA) (16 U.S.C. 3111–3126)

requires that the Secretary of the Interior

and the Secretary of Agriculture

(Secretaries) implement a joint program

to grant a preference for subsistence

uses of fish and wildlife resources on

public lands, unless the State of Alaska

enacts and implements laws of general

applicability which are consistent with

ANILCA, and which provide for the

subsistence definition, preference, and

participation specified in sections 803,

804, and 805 of ANILCA. The State

implemented a program that the

Department of the Interior previously

found to be consistent with ANILCA.

However, in December 1989, the Alaska

Supreme Court ruled in McDowell v.

State of Alaska that the rural preference

in the State subsistence statute violated

the Alaska Constitution. The Court’s

ruling in McDowell required the State to

delete the rural preference from the

subsistence statute, and therefore,

negated State compliance with ANILCA.

The Court stayed the effect of the

decision until July 1, 1990.

As a result of the McDowell decision,

the Department of the Interior and the

Department of Agriculture

(Departments) assumed, on July 1, 1990,

responsibility for implementation of

Title VIII of ANILCA on public lands.

On June 29, 1990, the Temporary

Subsistence Management Regulations

for Public Lands in Alaska were

published in the Federal Register (55

FR 27114–27170). Consistent with

subparts A, B, and C of these

regulations, a Federal Subsistence Board

was established to administer the

Federal subsistence management

program. The Board’s composition

includes a Chair appointed by the

Secretary of the Interior with

concurrence of the Secretary of

Agriculture; the Alaska Regional

Director, U.S. Fish and Wildlife Service;

the Alaska Regional Director, U.S.

National Park Service; the Alaska State

Director, U.S. Bureau of Land

Management; the Alaska Area Director,

U.S. Bureau of Indian Affairs; and the

Alaska Regional Forester, USDA Forest

Service. Through the Board, these

agencies have participated in

development of regulations for subparts

A, B, and C, and the annual Subpart D

regulations. All Board members have

reviewed this rule and agree with its

substance. Because this rule relates to

public lands managed by an agency or

agencies in both the Departments of

Agriculture and the Interior, identical

text would be incorporated into 36 CFR

part 242 and 50 CFR part 100.

Proposed Subpart C regulations for

customary and traditional use

determinations and subpart D

regulations for the 1997–1998 seasons

and bag limits, and methods and means

were published on August 7, 1996, in

the Federal Register (61 FR 41060). A

60-day comment period providing for

public review of the proposed rule was

advertised by mail, radio, and

newspaper. Subsequent to that 60-day

review period, the Board prepared a

booklet describing all proposals for

change. The public then had an

additional 30 days in which to comment

on the proposals for changes to the

regulations. The Federal Subsistence

Regional Advisory Councils met in

regional centers, received public

comments, and formulated

recommendations to the Board on

proposals for their respective regions.

The final regulations, published on May

29, 1997 (62 FR 29016) reflect Board

review and consideration of Regional

Council recommendations and public

comments submitted to the Board

during their April/May meeting.

These correcting amendments are a

result of requests for Special Action as

a result of resource concerns, a need for

clearer wording in one section, errors in

printing of the Federal Register

document, and an error in the document

as submitted to the Federal Register.

Below are summaries of each action.

Subpart C

Unit 11, remainder—Sheep—Dot Lake

was incorrectly included.

Unit 12, remainder—Moose; Unit

12—Sheep; and Unit 12—Wolf—The

determinations for these three areas

were scrambled in the printing process.

Unit 26(C)—Sheep—Anaktuvuk Pass

was added by Board Special Action.

Subpart D

Units 6, 7, 11, 12, 13, 15, 20, and 25—

Lynx—The Board acted on a request

from the Alaska Department of Fish and

Game (ADF&G) to open the trapping

season in Unit 15(A) and to lengthen the

season in Units 6, 7, 11, 12, 13, 15, 20,

and 25. This follows the Board’s

previous agreement to follow a harvest

tracking strategy where possible. The

strategy calls for shortening or closing

trapping seasons when lynx numbers

are low and lengthening or opening

seasons when lynx are abundant. The

Regional Councils for the affected areas

supported this action to additional