[Federal Register: May 25, 2004 (Volume 69, Number 101)]
[Rules and Regulations]
[Page 29656-29658]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25my04-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Savannah-04-041]
RIN 1625-AA00
Security Zone, St. Simons Sound and the Atlantic Ocean, GA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing security zones, from June 5,
2004, through June 11, 2004, for the G-8 Summit to be held in Sea
Island, Georgia. These security zones are required to provide for the
security of the public, the G-8 Summit and its participants, and the
safety of the waterways due to the potential for hostile and violent
acts from demonstrators protesting the G-8 Conference. This rule
prohibits the entry of all vessels and persons into the waters in the
vicinity of Sea Island, Jekyll Island, and all waters of the Atlantic
Ocean from the baselines of Sea Island, St. Simons Island and Jekyll
Island extending seaward to a distance of 3 nautical miles, as well as
waters on the Hampton River, Jones Creek, Lanier Island, and St. Simons
Sound. Additional security zones prohibit entering closer than 100-
yards to eight specified bridges located in the vicinity of these
waters.
DATES: This rule is effective from 8 a.m. June 5, 2004, until 4 p.m. on
June 11, 2004.
ADDRESSES: Marine Safety Office Savannah maintains the public docket
for this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, are part of docket [COTP Savannah 04-041] and will be available
for inspection or copying at Marine Safety Office Savannah, 100 W.
Oglethorpe Ave., Suite 1017, Savannah, Georgia 31401, between 8 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Anthony Quirino, Coast Guard
Marine Safety Office Savannah, (912) 652-4353, ext. 235.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 8, 2004, we published a notice of proposed rulemaking
(NPRM) entitled Security Zone, St. Simons Sound and the Atlantic Ocean,
GA, in the Federal Register (69 FR 18794). We received 2 letters
commenting on the proposed rule. No public meeting was requested, and
none was held.
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. This rule is necessary to minimize
danger and provide security for the public and participants of the G8
Conference. Law enforcement officials require sufficient time to put
security measures in place prior to the start of the conference on June
8, 2004. Therefore, it is in the public interest to have these
regulations effective less than 30-days after publication in the
Federal Register.
Background and Purpose
The G8 (Group of 8) is an informal group of eight countries--
Canada, France, Germany, Italy, Japan, Russia, the United Kingdom and
the United States--whose leaders meet to discuss broad economic and
foreign policies. The 30th G8 Summit will be held in Sea Island,
Georgia, from June 8 through June 10, 2004.
Cities that have recently hosted conferences or summits similar to
the G-8 Summit have experienced significant property damage, and their
law enforcement officers and public citizens have sustained personal
injuries from a segment of protestors engaged in violent demonstrations
against those summits and their agendas. Examples include the September
2003 World Trade Organization (WTO) Ministerial in Cancun, Mexico; the
2003 G-8 Summit in Calgary, Canada, the 2001 G-8 Summit in Genoa,
Italy; and the 1999 World Trade Organization in Seattle, Washington.
These conferences and summits experienced an influx of protestors, and
in particular protest groups opposing international trade who have a
propensity for violence and a desire to engage in hostile acts against,
among others, summit attendees, conference venues, the general public,
business and municipal buildings, and law enforcement officials.
Information and intelligence indicates that there is potential for
similar acts to be attempted during the upcoming June G-8 Summit in
Savannah, Georgia.
This history has heightened the need for the development and
implementation of various security measures in the vicinity of St.
Simons Sound. In particular, there is a need for additional security
around venue areas established for the dignitaries and official parties
attending the G-8 Summit, bridges, and waterways used by commercial
shipping. The Coast Guard has determined from information provided by
local, state, and federal law enforcement officials that vessels or
persons in close proximity to the G-8 Summit may launch hostile or
violent acts from the waterways adjacent to the Summit and from the
waterways adjacent to where Summit attendees are staying. The potential
for these acts poses a security threat to the public, the G-8 Summit
and its participants, and the flow of commerce on the navigable
waterways.
The security zones mitigate these threats and are necessary to
protect the public, the G-8 Summit attendees, law enforcement officers,
and the flow of commerce on the waterways from persons attempting
hostile and violent acts. Please note that elsewhere in today's Federal
Register, we have published another final rule, entitled ``Security
Zones and Regulated Navigation Areas; Savannah River, GA,'' that is
also intended to provide security of the public, the G-8 Summit and its
participants, and the safety of the waterways during this same period--
June 5, 2004, until 4 p.m. on June 11, 2004.
Discussion of Rule
In our NPRM (69 FR 18794) we advised vessels transiting the
Intracoastal waterway to exit and enter
[[Page 29657]]
at Altamaha Sound as an alternate route around the security zone. Due
to shoaling in Altamaha Sound, published in Local Notice to Mariners
(08/04), vessels should instead use Doboy Sound, 2 miles north, to exit
and enter the Intracoastal waterway.
Discussion of Comments and Changes
We received two letters offering comments on the proposed rule. One
comment recommended using consistent language that prohibits the entry
of all vessels and persons throughout the rule. We agree. As a result
of this comment, language that prohibits the entry of all vessels and
persons is now consistently used throughout this rule.
The other letter requested advance permission to enter and transit
the security zones, and commented that the regulation was overbroad
because it shut down traffic on the Intracoastal waterway. Granting
pre-approval to transit these security zones is impracticable because
of the numerous unknown exigencies that may exist. Moreover, numerous
alternatives do exist, including transiting offshore of the security
zones, weather permitting, or delaying a voyage until after expiration
of the security zones. Finally, although authorization to transit the
security zone may not be provided in advance, requests for permission
to transit the zone immediately may still be granted by the COTP
Savannah. This approach provides COTP Savannah the flexibility to
enforce this rule as threats and conditions dictate.
Although the G-8 Summit is scheduled to take place from June 8
through June 10, 2004, it is necessary to make the security zones
effective from June 5 through June 11, 2004, to provide security for
arriving and departing G-8 summit attendees and allow law enforcement
officials time to stand up and stand down from patrolling the security
zones.
We made one technical change in the text of the regulation. The
references in (a)(1) and (a)(2) to the location coordinates being based
on North American Datum 83 have been moved into a note for the entire
paragraph (a).
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not 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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect 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.
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
would not have a significant economic impact on a substantial number of
small entities.
This rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portions of St. Simons Sound, the Intracoastal
waterway and the Atlantic Ocean covered by this security zone. We
received no comments from owners of such small entities. Therefore,
owners are encouraged to contact the Captain of the Port to seek
permission to transit these security zones.
Assistance for Small Entities
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 so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
affects your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person listed under FOR FURTHER
INFORMATION CONTACT.
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).
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.
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 or more in any
one year. Though this rule would not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
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.
Protection of Children
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office
[[Page 29658]]
of Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded that there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. From 8 a.m. on June 5, 2004, until 4 p.m. on June 11, 2004, add a
new temporary Sec. 165.T07-041 to read as follows:
Sec. 165.T07-041 Temporary security zones, St. Simons Sound, GA.
(a) Locations. The following areas are security zones:
(1) Security zone; St. Simons Sound and the Atlantic Ocean. All
waters of St. Simons Sound and the Atlantic Ocean, from surface to
bottom, encompassed by a line commencing from the north east point of
Little St. Simons Island at 31[deg]15'24'' N, 081[deg]16'55'' W;
thence, easterly seaward into the waters of the Atlantic Ocean out to a
distance of 3 nautical miles at 31[deg]15'24'' N, 081[deg]11'55'' W;
thence southerly following the contour of the baseline at a distance of
3 nautical miles to 31[deg]00'44'' N, 081[deg]19'35'' W; thence
westerly to the southern tip of Jekyll Island at 31[deg]00'44'' N,
081[deg]26'03'' W; thence northwesterly to the south side of the Sidney
Lanier bridge at 31[deg]06'48'' N, 081[deg]29'40'' W; thence continuing
northeasterly to the northern tip of Lanier Island at 31[deg]11'06'' N,
081[deg]25'17'' W; thence continuing northeasterly to the Hampton River
at 31[deg]17'36'' N, 081[deg]20'33'' W; thence back to the original
point.
(2) Security zone, Bridges. All waters from surface to bottom
within 100-yards of the following bridges:
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Roadway Bridge Located at
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(i) Jekyll Island Causeway...... Cedar Creek....... 31[deg]05.318' N,
081[deg]28.780'
W.
(ii) Jekyll Island Causeway..... Jekyll Creek...... 31[deg]02.808' N,
081[deg]25.347'
W.
(iii) Highway 17................ Sidney Lanier..... 31[deg]06.982' N,
081[deg]29.094'
W.
(iv) Saint Simons Causeway...... Terry Creek....... 31[deg]09.697' N,
081[deg]28.137'
W.
(v) Saint Simons Causeway....... Back River........ 31[deg]09.868' N,
081[deg]26.766'
W.
(vi) Saint Simons Causeway...... Little River...... 31[deg]10.120' N,
081[deg]26.200'
W.
(vii) Saint Simons Causeway..... MacKay River...... 31[deg]10.276' N,
081[deg]25.494'
W.
(viii) Saint Simons Causeway.... Frederica River... 31[deg]10.050' N,
081[deg]24.782'
W.
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Note to Sec. 165.T07-041(a): All coordinates are based upon
North American Datum 83 (NAD 83).
(b) Definitions. As used in this section, designated
representatives means Coast Guard Patrol Commanders including Coast
Guard coxswains, petty officers and other officers operating Coast
Guard vessels, and federal, state, and local officers designated by or
assisting the Captain of the Port of Savannah (COTP) to restrict
vessels and persons from entering the security zones.
(c) Regulations. Entry into or transiting within the security zones
by vessels or persons is prohibited unless authorized by the Coast
Guard Captain of the Port, Savannah, Georgia or that officer's
designated representatives. Vessels docked, moored, or anchored in
security zones when they become effective must remain in place unless
ordered by or given permission from the COTP to do otherwise. Vessels
or persons desiring to enter or transit the areas encompassed by the
security zones may contact the Coast Guard on VHF Channel Marine 16 or
at (912) 652-4353 to seek permission to enter or transit the zones. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or that officer's designated
representatives.
Dated: May 17, 2004.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 04-11886 Filed 5-21-04; 12:12 pm]
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