DEPARTMENT OF TREASURY
Federal Register 5/26/95
United States Secret Service
31 CFR Part 413
Closure of Streets
AGENCY: United States Secret Service.
ACTION: Final Rule.
SUMMARY: Pursuant to 31 U.S.C. 321, 18 U.S.C. 3056, 3 U.S.C. 202, and Treasury Order 170-09, the Secret Service has closed to public vehicular traffic the following streets in order to secure the perimeter of the White House: (i) the segment of Pennsylvania Avenue NW., between Madison Place and Seventeenth Street and; (ii) State Place and the segment of South Executive Avenue that connects into State Place.
DATES: 5:00 a.m. (local time), May 20, 1995.
FOR FURTHER INFORMATION CONTACT: Eric G Harnischfeger, Special Agent, Office of Government Liaison and Public Affairs, United States Secret Service, 1800 G Street NW., Washington, D.C. 20223, (202) 435-5708.
In response to the September 12, 1994, plane crash on the South Grounds of the White House, then Secretary of the Treasury Lloyd Bentsen established the White House Security Review ("Review") to examine the White House security issues in light of this incident. The Review's scope was expanded to include a study of additional security issues raised by a number of subsequent incidents, including the shooting at the White House by Francisco Duran.
The Review issued a classified report that included a number of recommendations. One of the recommendations made by the Review was to close to vegicular traffic Pennsylvania Avenue, N.W., between Madison Place and Seventeenth Street, State Place and the segment of South Executive Avenue that connects into State Place. This recommendation was unanimously endorsed by the Review's Advisory Committee. The affected streets are contained in the National Capital Service Area, a federal enclave consisting of the White House and other federal buildings and property, See 40 U.S.C. 136.
This recommendation was based on extensive analysis of classified information by the Review, which ultimately was "not able to identify any alternative to prohibiting vehicular traffic [on those streets] that would ensure the protection of the President and others in the White House Complex from explosive devices carried by vehicles near the perimeter."
This final rule  implements that recommendation based on that conclusion.
As Director of the United States Secret Service, I find that this action is necessary to provide necessary and appropriate protection for the President, the First Family and those working in or visiting the White House Complex. This urgency has been accelerated by recent events, including hte bombing of a Federal building in Oklahoma City.
The portions of those streets affected by this final rule are identified on the following map:
[1 Without regard to whether this action constitutes a rule within the meaning of 5 U.S.C. 551(4), the Department has elected to treat it as such in order to inform the public fully regarding this action.]
Because this final rule involves a matter relating to public property, notice and public procedure and a delayed effective date are not required pursuant to 5 U.S.C. 553(a)(2). In addition, pursuant to 5 U.S.C. 553(b)(3), I find that notice and public procedure on htis rule is impracticable and contrary to the public interest because any delay in this action will result in an unacceptably high risk of danger to the President, the First Family, and others in the White House Complex. Moreover, any delay in implementing the street closures after the announcement of an intent to take such action would increase these risks. For the same reasons, I find pursuant to 5 U.S.C. 553(d) that there is good cause to waive the 30-day delayed effective date.
It has been determined that this final rule is not a significant regulatory action under Executive Order 12866
Because no notice of proposed rulemaking is required for this rule, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601) do not apply.
Lists of Subjects in 31 CFR Part 413
Federal Buildings and Facilities, Security Measures.
For the reasons set out in the preamble, 31 CFR chapter IV is amended as set forth below.
1, Part 413 is added to read as follows:
PART 413 - CLOSURE OF STREETS NEAR THE WHITE HOUSE
Authority: 31 U.S.C. 321, 18 U.S.C. 3056, 3 U.S.C. 202, Treasury Order 170-09.
413.1 Closure of Streets.
413.2 Coordination with other Authority.
§ 413.1 Closure of Streets.
(a) District of Columbia. The following streets in the District of Columbia are closed to public vehicular traffic:
(1) The segment of Pennsylvania Avenue, Northwest, situated between Madison Place, Northwest, and Seventeenth Street, Northwest;
(2) The 1600 block of State Place, Northwest, situated between Seventeenth Street, Northwest, and the White House Complex; and
(3) The segment of South Executive Avenue that connects to the 1600 block of State Place, Northwest.
(b) Authorized access. The streets described inparagraph (a) shall remain open to public pedestrian use, official use of the United States, and authorized vehicular access for ingress and egress to the White House Complex and adjacent Federal Buildings.
§ 413.2 Coordination with other authorities.
Nothing in section 413.1 shall be in derogation of any authority conferred upon the Secretary of the Interior, the Secretary of the Treasury or the Director, United States Secret Service.
Dated: May 23, 1995.
Eljay B. Bowron,
[FR Doc. 95-13007 Filed 5-25-95; 8:45 am]
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