[Federal Register: April 8, 2004 (Volume 69, Number 68)]
[Proposed Rules]
[Page 18793-18797]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ap04-21]
[[Page 18793]]
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Part VI
Department of Homeland Security
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Coast Guard
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33 CFR Part 165
Security Zones: St. Simons Sound and the Atlantic Ocean, GA; Security
Zones and Regulated Navigation Areas: Savannah River, GA; Proposed
Rules
[[Page 18794]]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish temporary security
zones, from June 5, 2004, through June 11, 2004, for the G-8 Summit to
be held in Sea Island, Georgia. These proposed 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. The proposed rule would prohibit 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 baseline of Sea
Island and Jekyll islands extending seaward to a distance of 3 nautical
miles, as well as waters on the Hampton River, Jones Creek, Lanier
Island, St. Simons Sound, and the security zones prohibit entering
closer than 100-yards to certain bridges within these same areas.
DATES: Comments and related material must reach the Coast Guard on or
before May 10, 2004. The proposed security zones would be effective
from 8 a.m. on June 5, 2004, until 4 p.m. on June 11, 2004.
ADDRESSES: You may mail comments and the related material to Marine
Safety Office Savannah, 100 W. Oglethorpe Ave., Suite 1017, Savannah,
Georgia 31401. 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, will become part of this docket and will be
available for inspection or copying at Marine Safety Office Savannah
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:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [COTP
Savannah 04-041], indicate the specific section of this document to
which each comment applies, and give the reason for each comment.
Please submit all comments and related material in an unbound format,
no larger than 8\1/2\ by 11 inches, suitable for copying. If you would
like to know that your submission reached us, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule due to the comments received.
Public Meeting
We do not now plan to hold a public meeting. Persons may submit a
request for a public meeting by submitting a written request to Marine
Safety Office Savannah at the address listed in the ADDRESSES section
of this notice of proposed rulemaking. This request should describe the
benefits of a public meeting. If we determine that a public meeting
would aid this rulemaking, we will hold one at a time and place
announced by a separate notice 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 G-8 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 a high 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 proposed security zones would 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 proposed rule,
entitled ``Security Zones and Regulated Navigation Areas; Savannah
River, GA,'' [COTP Savannah-04-040] 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 Proposed Rule
The proposed security zones prohibit all vessels and persons from
entering the waters encompassed by the following points unless they
obtain permission in advance from the Captain of the Port of Savannah
to transit the zones: 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
coastline at a distance of 3 nautical miles to 31[deg]00'44'' N,
[[Page 18795]]
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 north westerly to the
south side of the Sidney Lanier bridge at 31[deg]06'48'' N,
081[deg]29'40'' W; thence continuing north easterly to the northern tip
of Lanier Island at 31[deg]11'06'' N, 081[deg]25'17'' W; thence
continuing north easterly to the Hampton River at 31[deg]17'36'' N,
081[deg]20'33'' W; thence back to the original point.
Additionally, the following bridges would have security zones, to
the extent they are not already within the St. Simons sound security
zone, encompassing all waters within 100-yards of the bridge:
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Roadway Bridge Located at
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Jekyll Island Causeway................ Cedar Creek............. 31[deg]05.318' N, 081[deg]28.780' W.
Jekyll Island Causeway................ Jekyll Creek............ 31[deg]02.808' N, 081[deg]25.347' W.
Highway 17............................ Sidney Lanier........... 31[deg]06.982' N, 081[deg]29.094' W.
Saint Simons Causeway................. Terry Creek............. 31[deg]09.697' N, 081[deg]28.137' W.
Saint Simons Causeway................. Back River.............. 31[deg]09.868' N, 081[deg]26.766' W.
Saint Simons Causeway................. Little River............ 31[deg]10.120' N, 081[deg]26.200' W.
Saint Simons Causeway................. MacKay River............ 31[deg]10.276' N, 081[deg]25.494' W.
Saint Simons Causeway................. Frederica River......... 31[deg]10.050' N, 081[deg]24.782' W.
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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.
The Captain of the Port may, if security conditions allow, permit
vessels to transit through the security zones under the escort of law
enforcement officials. However, southbound vessels transiting the
Intracoastal waterway should plan on exiting at Altamaha Sound to the
Atlantic Ocean and proceed southbound seaward of 3 nautical miles and
outside the 3 nautical mile limit of the security zone to the entrance
of St. Andrew Sound, and then travel westward to rejoin the
Intracoastal waterway and continue their southbound voyage. Conversely,
northbound vessels transiting the Intracoastal waterway should
generally plan to exit the Intracoastal waterway east from St. Andrew
Sound to the Atlantic Ocean, and proceed northbound seaward of 3
nautical miles and the 3 nautical mile limit of the security zone to
the entrance of Altamaha Sound, and then travel west to rejoin the
Intracoastal waterway to continue their northbound voyage.
Entry into or remaining within the security zones is prohibited
unless authorized by the Coast Guard Captain of the Port, Savannah,
Georgia or that officer's designated representatives. Persons desiring
to enter or transit the areas encompassed by the security zone may
contact the Coast Guard on VHF Channel Marine 16 or at (912) 652-4353
to seek permission to enter or transit the area. 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.
Regulatory Evaluation
This proposed 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 proposed 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 proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed 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 portion of St. Simons Sound, the
Intracoastal Waterway and the Atlantic Ocean covered by this proposed
security zone. Owners of such small entities are encouraged to contact
the Captain of the Port to seek permission to transit these security
zones.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see FOR
FURTHER INFORMATION CONTACT) explaining why you think it qualifies and
how and to what degree this rule would economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect 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 proposed 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 proposed 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
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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 proposed rule would
not result in such an expenditure, we do discuss the effects of this
rule elsewhere in this preamble.
Taking of Private Property
This proposed rule would not effect 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed 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 proposed 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 proposed 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 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 proposed 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 proposed 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.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. 1226, 1231; 50 U.S.C. 191, 195; 46 U.S.C.
Chapter 701; 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.
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 coastline 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 north westerly to the south side of the
Sidney Lanier bridge at 31[deg]06'48'' N, 081[deg]29'40'' W; thence
continuing north easterly to the northern tip of Lanier Island at
31[deg]11'06'' N, 081[deg]25'17'' W; thence continuing north easterly
to the Hampton River at 31[deg]17'36'' N, 081[deg]20'33'' W; thence
back to the original point. All coordinates are based upon North
American Datum 83 (NAD 83).
(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.
(ix) All coordinates are based upon
North American Datum 83 (NAD 83).
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(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
is prohibited unless authorized by the
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Coast Guard Captain of the Port, Savannah, Georgia or that officer's
designated representatives. Vessels docked, moored, or anchored in one
of the security zones when they become effective must remain in place
unless ordered by or given permission from the COTP to do otherwise.
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: March 30, 2004.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 04-7994 Filed 4-7-04; 8:45 am]
BILLING CODE 4910-15-P