Security Zone; Martha's Vineyard, Massachusetts, 51125-51127 [2015-20865]
Download as PDF
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations
order for documents to be timely
received and accepted. The EDGAR
Filer Manual is available for Web site
viewing and printing; the address for
the Filer Manual is https://www.sec.gov/
info/edgar.shtml. You can obtain paper
copies of the EDGAR Filer Manual from
the following address: Public Reference
Room, U.S. Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. You can also
inspect the document at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
By the Commission.
Dated: August 3, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015–20720 Filed 8–21–15; 8:45 am]
BILLING CODE 8011–01–P
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 https://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
DEPARTMENT OF HOMELAND
SECURITY
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
Coast Guard
33 CFR Part 165
[USCG–2015–0731]
RIN 1625–AA87
Security Zone; Martha’s Vineyard,
Massachusetts
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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.
rmajette on DSK2VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
12:27 Aug 21, 2015
Jkt 235001
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
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
51125
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
E:\FR\FM\24AUR1.SGM
24AUR1
51126
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations
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.
rmajette on DSK2VPTVN1PROD with RULES
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).
VerDate Sep<11>2014
12:27 Aug 21, 2015
Jkt 235001
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,
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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
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.
2. Add § 165.T01–0731 to read as
follows:
■
E:\FR\FM\24AUR1.SGM
24AUR1
Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations
§ 165.T01–0731 Security Zone; Martha’s
Vineyard, Massachusetts.
ACTION:
(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 § 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.
SUMMARY:
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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
rmajette on DSK2VPTVN1PROD with RULES
[EPA–R05–OAR–2015–0408; EPA–R05–
OAR–2015–0409; FRL–9932–63–Region 5]
Air Plan Approval; IL; MN;
Determinations of Attainment of the
2008 Lead Standard for Chicago and
Eagan
Environmental Protection
Agency (EPA).
AGENCY:
VerDate Sep<11>2014
12:27 Aug 21, 2015
Jkt 235001
Direct final rule.
The Environmental Protection
Agency (EPA) is making determinations
under the Clean Air Act (CAA) that the
Chicago, Illinois and Eagan, Minnesota
nonattainment areas (hereafter also
referred to, respectively, as the ‘‘Chicago
area,’’ ‘‘Eagan area,’’ or ‘‘areas’’) have
attained the 2008 lead (Pb) national
ambient air quality standard (NAAQS or
standard). These determinations of
attainment are based upon complete,
quality-assured, and certified ambient
air monitoring data for the 2012–2014
design period showing that the areas
have achieved attainment of the 2008 Pb
NAAQS. Additionally, as a result of
these determinations, EPA is
suspending the requirements for the
areas to submit attainment
demonstrations, and associated
reasonably available control measures
(RACM), reasonable further progress
(RFP) plans, contingency measures for
failure to meet RFP, and attainment
deadlines, for as long as the areas
continue to attain the 2008 Pb NAAQS.
This action does not constitute a
redesignation of the areas to attainment
of the 2008 Pb NAAQS; the areas remain
designated nonattainment until such
time as EPA determines that the areas
meet the CAA requirements for
redesignation to attainment and takes
action to redesignate the areas.
DATES: This direct final rule will be
effective October 23, 2015, unless EPA
receives adverse comments by
September 23, 2015. If adverse
comments are received, EPA will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2015–0408 (Chicago area) or EPA–
R05–OAR–2015–0409 (Eagan area), by
one of the following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: aburano.douglas@epa.gov.
3. Fax: (312) 408–2279.
4. Mail: Douglas Aburano, Chief,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Douglas Aburano,
Chief, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office normal hours
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
51127
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2015–
0408 (Chicago area) or EPA–R05–OAR–
2015–0409 (Eagan area). EPA’s policy is
that all comments received will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through
www.regulations.gov or email. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov your email address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Eric
Svingen, Environmental Engineer, at
E:\FR\FM\24AUR1.SGM
24AUR1
Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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