45720 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that, under section

2.B.2.c of Coast Guard Commandant

Instruction M16475.1B, it is

categorically excluded from further

environmental documentation, and has

so certified in the docket file.

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

this regulation does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

As indicated by the permanent

regulations being temporarily amended,

the regulation of commercial vessel

speed in this binational navigation

channel is traditionally regulated by the

U.S. Coast Guard.

Regulatory Evaluation

This regulation is considered to be

nonsignificant under Executive Order

12866 on Regulatory Planning and

Review and nonsignificant under

Department of Transportation regulatory

policies and procedures (44 FR 11034 of

February 26, 1979), and is expected to

have minimal, economic impact for the

reasons given in the ‘‘Background and

Purpose’’ section above.

Collection of Information

This regulation will impose no

collection of information requirements

under the Paperwork Reduction Act, 44

U.S.C. 3501 et seq.

Authority

This regulation is issued pursuant to

33 U.S.C. 1225 and 1231, as set out in

the authority section for all of Part 162.

List of Subjects in 33 CFR Part 162

Harbors, Marine Safety, Navigation

(water), Security measures, Vessels,

Waterways.

Regulations: In consideration of the

foregoing, part 162 of title 33, Code of

Federal Regulations, is amended as

follows:

1. The authority citation for part 162

continues to read as follows:

Authority: 33 U.S.C. 1231; 49 CFR 1.46.

2. Amend section 162.138 by

temporarily suspending paragraph

(a)(1)(i) from July 25 to December 15,

1997 and adding a new paragraph

(a)(1)(iv) to read as follows:

§ 162.138 Connecting waters from Lake

Huron to Lake Erie; speed rules.

(a) * * *

(1) * * *

(iv) 12 statute miles per hour (10.4

knots) between Fort Gratiot Light and

St. Clair Canal Light 2, subject to a limit

of 10 statute miles per hour (8.7 knots)

for upbound vessels between Harsens

Island Rear Range Light to the charted

position of Buoy number 42 from July

25, 1997 to December 15, 1997 except

when waived or terminated by the Coast

Guard Captain of the Port Detroit or the

Commander of the Ninth Coast Guard

District;

* * * * *

Dated: August 12, 1997.

J.F. McGowan,

Rear Admiral, U.S. Coast Guard, Commander,

Ninth Coast Guard District.

[FR Doc. 97–23068 Filed 8–28–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–97–082]

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 moving 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

President from sabotage or other

subversive acts, accidents, or other

causes of a similar nature. The safety

zone is necessary to protect the

spectators and the President’s

entourage. Entry into the zones is

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

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

7, 1997, President Clinton will be

vacationing on Martha’s Vineyard, MA.

While vacationing, the President may be

involved in a myriad of activities

including boating or fishing trips,

swimming, jogs along the beach, dinners

at waterfront restaurants, golfing, etc.

This temporary rule establishes

moving safety and security zones

around the President which extend 500

yards in all directions. The zones are

needed for the safety and security of the

President, as well as spectators and the

President’s entourage.

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 these

500 yard safety and security zones in all

directions around the President when

necessary to protect the President.

Notice of the exact location of the safety

and security zones will be given via

loudhailer, channels 16 and 22 VHF, or

through Safety Marine Information

Broadcasts, as appropriate. The zones

will be activated when the President is

on or near the waters of the United

States and may be expanded or reduced

as necessary to protect the President.

The safety and security zones have

identical boundaries. Both are necessary

since a civil penalty as authorized by 33

USC 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
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