
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Rules and Regulations]
[Pages 51125-51127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20865]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2015-0731]
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 in support of U.S. Secret Service (USSS) security 
operations in the navigable waters of the U.S. in portions of the 
coastal areas of Martha's Vineyard, Massachusetts. These security zones 
are needed to support USSS security operations and will be effective as 
directed by the USSS within 1000 yards of the navigable waters of the 
U.S. in portions of the coastal areas of Martha's Vineyard, 
Massachusetts. Vessel and people are prohibited from entering this 
security zone 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 6:30 a.m. on 
August 24, 2015 until 5 p.m. on August 24, 2015. For the purposes of 
enforcement, actual notice will be used from 8 a.m. on August 7, 2015, 
until this rule is effective without actual notice.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2015-0731 and are available online 
by going to http://www.regulations.gov, inserting USCG-2015-0731 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 
Edward.G.LeBlanc@uscg.mil. 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
U.S.C. United States Code
USCG United States Coast Guard
USSS United States Secret Service

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 USSS security operations. 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 support USSS security operations 
in portions of the coastal areas of Martha's Vineyard, Massachusetts, 
from August 7, 2015 through August 24, 2015.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1231; 50 U.S.C. 191; 33 
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department of Homeland Security 
Delegation No. 0170.1, which collectively authorize the Coast Guard to 
establish security zones.
    The USSS will conduct security operations on property that borders 
U.S. navigable waters within the Captain of the Port, Southeastern New 
England zone. The USSS has requested that the Coast Guard provide 1000-
yard waterside security zones from portions of the coastal areas of 
Martha's Vineyard, Massachusetts. These security zones are necessary to 
provide security by preventing vessels and persons from approaching the 
area(s) of USSS security operations without prior authorization from 
the COTP.

C. Discussion of Rule

    For the reasons discussed above, the Captain of the Port, Sector 
Southeastern New England, is establishing a temporary security zone. 
The temporary security zone will be enforced from 8:00 a.m. on Friday, 
August 7, 2015 through 5:00 p.m. on Monday, August 24, 2015.
    This action is intended to temporarily prohibit vessels or people 
from approaching within 1000 yards of USSS security operations in 
portions of the coastal areas of 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 eighteen days, and 
will only be enforced during USSS security operations in portions of 
the coastal areas of Martha's Vineyard, Massachusetts. It has been 
determined that the necessary security enhancements provided by this 
rule greatly outweigh any potential negative impacts.

D. Regulatory Analyses

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

[[Page 51126]]

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 
eighteen days, and will only be in effect during USSS security 
operations from portions of the coastal areas of 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 7, 2015 until 5:00 p.m. on Monday, August 24, 
2015. These temporary security zones will not have a significant impact 
on a substantial number of small entities for all of the reasons 
discussed in the ``Regulatory Planning and Review'' section above.

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.

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 From Environmental Health Risks

    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.

13. Technical Standards

    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 record 
keeping 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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T01-0731 to read as follows:

[[Page 51127]]

Sec.  165.T01-0731  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 U.S. Secret 
Service security operations in the navigable waters of the U.S. in the 
coastal areas of 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 section will be enforced 
from 8:00 a.m. on Friday, August 7, 2015 until 5:00 p.m. on Monday, 
August 24, 2015.
    (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 4, 2015.
J.T. Kondratowicz,
Captain, U.S. Coast Guard, Captain of the Port, Southeastern New 
England.
[FR Doc. 2015-20865 Filed 8-21-15; 8:45 am]
 BILLING CODE 9110-04-P


