[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Rules and Regulations]
[Pages 81348-81350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25956]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0848]
RIN 1625-AA87


Security Zone; Nantucket Memorial Airport and Abrams Point, 
Nantucket, MA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two 500-yard temporary 
security zones for all navigable waters adjacent to the Nantucket 
Memorial Airport and Straight Wharf as well as a 1,000-yard temporary 
security zone for all navigable waters adjacent to Abrams Point, 
Nantucket, Massachusetts. These security zones are needed to protect 
the persons under the protection of the United States Secret Service 
(USSS). Entry of vessels or persons into these zones is prohibited 
unless specifically authorized by the Captain of the Port Sector 
Southeastern New England or a designated representative.

DATES: This rule is effective from November 21, 2023, through 11:59 
p.m. on November 26, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0848 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email MST2 Christopher Matthews, Sector Southeastern New 
England, U.S. Coast Guard; telephone 401-435-2348, email 
<a href="/cdn-cgi/l/email-protection#4a09223823393e253a222f38641964072b3e3e222f3d390a3f39292d64272326"><span class="__cf_email__" data-cfemail="95d6fde7fce6e1fae5fdf0e7bbc6bbd8f4e1e1fdf0e2e6d5e0e6f6f2bbf8fcf9">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Southeastern New England
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The United States Secret Service (USSS) requested that the Coast 
Guard establish two 500-yard temporary security zones for all navigable 
waters adjacent to the Nantucket Memorial Airport and Straight Wharf as 
well as a 1,000-yard temporary security zone for all navigable waters 
adjacent to Abrams Point, Nantucket, Massachusetts. The purpose of the 
temporary security zone is to facilitate the security and safety of the 
persons under USSS protection.
    The Coast Guard is issuing this temporary 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 the Coast Guard did not receive 
information regarding this event in time to publish NPRM and seek 
comments before the subject visit. Publishing an NPRM and delaying the 
effective date would be impracticable and contrary to the public 
interest as it would inhibit the Coast Guard's ability to fulfill its 
statutory missions and jeopardize the safety of the persons under USSS 
protection during the visit.
    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. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because immediate action is needed to ensure the safety of the person 
under USSS protection during the visit.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70051 and 70124. The USSS requested that the Coast Guard establish two 
500-yard temporary security zones for all navigable waters adjacent to 
the Nantucket Memorial Airport and Straight Wharf as well as a 1,000-
yard temporary security zone for all navigable waters adjacent to 
Abrams Point, Nantucket, Massachusetts. The purpose of the temporary 
security zone is to facilitate the security and safety of the persons 
under USSS protection during their visit to the area. As a result, in 
consultation with the USSS, the Captain of the Port Sector Southeastern 
New England (COTP) has determined that the security zones are necessary 
to provide security for the persons under USSS protection.

IV. Discussion of the Rule

    This rule establishes two 500-yard security zones for all navigable 
waters adjacent to the Nantucket Memorial Airport and Straight Wharf as 
well as a 1,000-yard temporary security zone for all navigable waters 
adjacent to Abrams Point, Nantucket, Massachusetts. No vessel or person 
will be permitted to enter the security zones from 12:01 a.m. on 
November 21, 2023, through 11:59 p.m. on November 26, 2023. Entry into 
these security zones is prohibited unless specifically authorized by 
the COTP or their designated representative. A designated 
representative is a commissioned, warrant, or petty officer of the U.S. 
Coast Guard assigned to units under the operational control of the U.S. 
Coast Guard Sector Southeastern New England.
    Requests for entry will be considered and reviewed on a case-by-
case basis. The COTP may be contacted by telephone at 508-457-3211 or 
can be reached by VHF-FM channel 16. Persons and vessels permitted to 
enter these security zones must transit at their slowest safe speed and 
comply with all lawful directions issued by the COTP or their 
designated representative.

[[Page 81349]]

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the security zones. These 
security zones will impact small, designated areas off Nantucket, 
Massachusetts for approximately six days during a time of year when 
vessel traffic is normally low. To alleviate the effects of this rule 
on the public, the COTP may elect to temporary suspend enforcement of 
these security zones. Moreover, the Coast Guard will issue Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the zones, and 
the rule allows vessels to seek permission to enter the zones.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves three 
security zones from November 21, 2023, through November 26, 2023, that 
will prohibit entry within 500 yards of Nantucket Memorial Airport and 
Straight Wharf as well as 1,000 yards of Abrams point, Nantucket, 
Massachusetts. It is categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting 
this determination is available in the docket. For instructions on 
locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5;

[[Page 81350]]

Department of Homeland Security Delegation No. 00170.1, Revision No. 
01.3.


0
2. Add Sec.  165.T01-0848 to read as follows:


Sec.  165.T01-0848  Security Zone; Nantucket Memorial Airport, Abrams 
Point and Straight Wharf, Nantucket, MA.

    (a) Location. The following areas are security zones: All navigable 
waters 500 yards from Nantucket Memorial Airport and Straight Wharf as 
well as 1,000 yards from Abrams Point, Nantucket, Massachusetts.
    (b) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, you may not enter the security zone described 
in paragraph (a) of this section unless authorized by the Captain of 
the Port Sector Southeastern New England (COTP) or the COTP's 
designated representative. Designated representative is a commissioned, 
warrant, or petty officer of the U.S. Coast Guard assigned to units 
under the operational control of U.S. Coast Guard Sector Southeastern 
New England.
    (2) Vessels requiring entry into the security zones must request 
permission from the COTP or a designated representative. To seek entry 
into the security zones, contact the COTP or the COTP's representative 
by telephone at 508-457-3211 or on VHF-FM channel 16.
    (3) Persons and vessels permitted to enter the security zones must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (c) Enforcement period. This section will be enforced from 12:01 
a.m. on November 21, 2023, through 11:59 p.m. on November 26, 2023. To 
alleviate the effects of this section on the public, the COTP may elect 
to temporarily suspend enforcement of the security zones.

Clinton J. Prindle,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New 
England.
 [FR Doc. 2023-25956 Filed 11-21-23; 8:45 am]
 BILLING CODE 9110-04-P


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