[Federal Register: April 8, 2004 (Volume 69, Number 68)]
[Proposed Rules]
[Page 18797-18800]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ap04-22]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Savannah-04-040]
RIN 1625-AA00
Security Zones and Regulated Navigation Areas; Savannah River, GA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish temporary security zones
and a temporary regulated navigation area, from June 5, 2004, through
June 11, 2004, for the G-8 Summit to be held in Sea Island, Georgia.
These proposed rules 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. The proposed temporary security zones
would prohibit the entry of all vessels into all waters of the Savannah
River from Port Wentworth south to the boundary of the proposed
temporary regulated navigation area that is located in the vicinity of
the south east tip of Elba Island at the western portion of the Lower
Flats Range. The proposed temporary regulated navigation area would
control the movement of all vessels operating on the Intracoastal
Waterway in the vicinity of Fields Cut and south through Elba Island
Cut to St. Augustine Creek.
DATES: Comments and related material must reach the Coast Guard on or
before May 10, 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 04-040], 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 81/2 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 in view of them.
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 challenges to public
safety, property damage, and their law enforcement officers and public
citizens have sustained personal injuries from a small, but determined
segment of protestors engaged in violent demonstration 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 the
Savannah River, particularly around venue areas established for the
dignitaries and official parties attending the G-8 Summit, critical
port facilities and infrastructure, bridges, and the navigable
waterways. 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 threat to public safety and security, the G-8
Summit and its participants, and the flow of commerce on the navigable
waterways.
The proposed temporary security zones and proposed temporary
regulated navigation area are being established to mitigate these
threats and are necessary to protect public safety, the G-8 conference
and attendees, law enforcement officers, the Port of Savannah and
commerce within the port from persons attempting hostile and violent
acts.
[[Page 18798]]
Please note that elsewhere in today's Federal Register, we have
published another proposed rule also intended to provide security of
the public, the G-8 Summit and its participants, and the safety of the
waterways during the same time as this proposed rule. That other
proposed rule is COTP Savannah-04-041, entitled ``Security Zone, St.
Simons Sound and the Atlantic Ocean, GA.''
Discussion of Rule
The proposed temporary security zones would prohibit all vessels
and persons from entering the waters encompassed by the following areas
unless they first obtain permission from the Captain of the Port of
Savannah or his designated representatives by calling on VHF Channel
Marine 16 or at (912) 652-4353:
(1) Savannah River. An imaginary line starting at Channel Light 22,
(Light List Volume III, Number 5090), at the intersection of the Middle
River and the Savannah River and crossing due West over the Savannah
River to Port Wentworth at approximate point 32[deg]08'47'' N,
081[deg]06'36'' W; then all waters of the Savannah River from shore to
shore and surface to bottom south and east of this imaginary line
downriver to an imaginary line starting at the south east tip of Elba
Island at approximate point 32[deg]04'19'' N, 080[deg]58'27'' W and
extending due north across the Savannah River and through Red Buoy
36 to approximate point 32[deg]04'40'' N, 080[deg]58'19'' W.
(2) Back River. The proposed security zone also includes all waters
of the Back River south and east of the Highway 17 bridge from shore to
shore and surface to bottom easterly to where the Back River meets the
Savannah River.
(3) South Channel Elba Island. The proposed security zone also
includes all waters of the South Channel south of Elba Island, from
shore to shore and surface to bottom, from the intersection of the
Savannah River and the South Channel and continuing south easterly to
an imaginary line starting at the south east tip of Elba Island at
approximate point 32[deg]04'19'' N, 080[deg]58'27'' W and extending
south westerly following the northern edge of Elba Island Cut channel
to the north east tip of McQueen Island at approximate position
32[deg]04'08'' N, 080[deg]58'55'' W.
(4) Intracoastal Waterway Alternate Route. The proposed security
zone also includes all waters of the Intracoastal Waterway Alternate
Route from shore to shore and surface to bottom from St. Augustine
Creek Day Beacon A18 (Light List, Vol. III, no. 35960) to Day Beacon
A12 (Light List, Vol. III, no. 35945).
The proposed temporary RNA would require all vessels to obtain
permission from the Captain of the Port of Savannah or his designated
representatives via VHF Channel Marine 16, before entering or
transiting the RNA and would require all vessels to proceed
continuously and at a slow speed while transiting within the RNA.
Specific security concerns may cause the Captain of the Port to delay
the grant of permission to enter or transit the RNA. All vessels within
the proposed temporary RNA are subject to control by the Captain of the
Port of Savannah and his designated representatives--normally Coast
Guard and law enforcement patrol craft in the area. The proposed
temporary RNA includes all waters encompassed by the following areas:
(1) Savannah River, Lower Flats Range. An imaginary line starting
at the south east tip of Elba Island at approximate point
32[deg]04'19'' N, 080[deg]58'27'' W and extending due north across the
Savannah River and through Red Buoy 36 to approximate point
32[deg]04'40'' N, 080[deg]58'19'' W and all waters of the Savannah
River southeast of that line, from shore to shore and surface to bottom
in the vicinity of Lower Flats Range, to an imaginary line starting at
the western tip of Jones Island at the intersection of the Intracoastal
Waterway and extending southwesterly across the Savannah River
intersecting through Green buoy ``35'' to Bird Island at approximate
point 32[deg]04'15'' N, 080[deg]58'00'' W.
(2) Intracoastal Waterway. All waters of the Intracoastal Waterway
from shore to shore and surface to bottom from Fields Cut Buoy 48
(Light List, Vol. III, no. 35865) at Wright River to Elba Island Cut
Light 10 (Light List, Vol. III no. 35900) at St. Augustine Creek.
The proposed temporary RNA is necessary to ensure the safety of the
public, critical port facilities and infrastructure, the G-8 Summit and
the navigable waters of the United States.
Information and past experience indicate the G-8 demonstrators may
attempt to interfere with commercial shipping, both underway and while
moored. Attempts may include unauthorized boardings of vessels while
underway or moored in an effort to interrupt commerce and port
operations. Additionally, demonstrators may attempt unauthorized entry
into or upon commercial and government facilities located along the
Savannah River for these same reasons. The proposed temporary RNA, by
regulating the movement of vessels by requiring vessels to obtain
permission prior to entering or transiting the zone and imposing a slow
speed zone will assist law enforcement officers in ensuring the safety
and security of the Port of Savannah, critical port facilities and
infrastructure, the G-8 Summit and the navigable waters of the United
States.
The temporary RNA requires all vessels within the regulated
navigation area to proceed continuously and at a slow speed. Slow speed
is defined as the speed at which a vessel proceeds when it is fully off
plane, completely settled into the water and not creating an excessive
wake. In no instance shall slow speed be interpreted as a speed less
than that required to maintain steerageway. Requiring vessels within
the temporary RNA to transit at a slow speed will allow law enforcement
officers to identify, respond to, stop, and query vessels that are
suspected of presenting a threat to the public, the Port of Savannah,
and the G-8 Summit. Specifically, the slow speed requirement will allow
the Coast Guard to adequately protect against threats of hostile and
violent acts carried out by smaller vessels against commercial vessels
or critical port facilities and infrastructure. The slow speed
requirement enhances the ability of the Captain of the Port and his
designated representatives to control the movement of vessels with the
proposed temporary RNA which will further provide for the safety of the
public, the Port of Savannah and the G-8 Summit.
Nothing in the RNA alleviates vessels or operators from complying
with all state and local laws.
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
[[Page 18799]]
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 portions of the Savannah River and
the Intracoastal Waterway covered by these proposed security zones and
regulated navigation areas.
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
ADDRESSES) 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 the FOR FURTHER INFORMATION CONTACT section.
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 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 will not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule will 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 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 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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
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 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 amends
33 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.T07-040 to read as follows:
Sec. 165.T07-040 Temporary Security Zone and Temporary Regulated
Navigation Areas, Savannah River, GA
(a) Locations.
(1) Security Zone, Savannah River. An imaginary line starting at
Channel Light 22, (Light List Volume III, Number 5090), at the
intersection of the Middle River and the Savannah River and crossing
due West over the Savannah River to Port Wentworth at approximate point
32[deg]08'47'' N, 081[deg]06'36'' W; then all waters of the Savannah
River from shore to shore and surface to bottom south and east of this
imaginary line downriver to an imaginary line starting at the southeast
tip of Elba Island at approximate point 32[deg]04'19'' N,
080[deg]58'27'' W and extending due north across the Savannah River and
through Red Buoy 36 to approximate point 32[deg]04'40'' N,
080[deg]58'19'' W. All coordinates are based upon North American Datum
83 (NAD 83).
(2) Security Zone, Back River. All waters of the Back River south
and east
[[Page 18800]]
of the Highway 17 bridge from shore to shore and surface to bottom
easterly to where the Back River meets the Savannah River.
(3) Security Zone, South Channel Elba Island. All waters of the
South Channel south of Elba Island, from shore to shore and surface to
bottom, from the intersection of the Savannah River and the South
Channel and continuing southeasterly to an imaginary line starting at
the southeast tip of Elba Island at approximate point 32[deg]04'19'' N,
080[deg]58'27'' W and extending southwesterly following the northern
edge of Elba Island Cut channel to the northeast tip of McQueen Island
at approximate position 32[deg]04'08'' N, 080[deg]58'55'' W. All
coordinates are based upon North American Datum 83 (NAD 83).
(4) Security Zone, Intracoastal Waterway Alternate Route. All
waters of the Intracoastal Waterway Alternate Route from shore to shore
and surface to bottom from St. Augustine Creek Day Beacon A18 (Light
List, Vol. III, no. 35960) to Day Beacon A12 (Light List, Vol. III, no.
35945).
(5) Regulated navigation area; Savannah River, Lower Flats Range.
An imaginary line starting at the southeast tip of Elba Island at
approximate point 32[deg]04'19'' N, 080[deg]58'27'' W and extending due
north across the Savannah River and through Red Buoy 36 to
approximate point 32[deg]04'40'' N, 080[deg]58'19'' W and all waters of
the Savannah River southeast of that line, from shore to shore and
surface to bottom in the vicinity of Lower Flats Range, to an imaginary
line starting at the western tip of Jones Island at the intersection of
the Intracoastal Waterway and extending southwesterly across the
Savannah River intersecting through Green buoy ``35'' to Bird Island at
approximate point 32[deg]04'15'' N, 080[deg]58'00'' W. All coordinates
are based upon North American Datum 83 (NAD 83).
(6) Regulated navigation area; Intracoastal Waterway Fields Cut.
All waters of the Intracoastal Waterway from shore to shore and surface
to bottom from Fields Cut Buoy 48 (Light List, Vol. III, no. 35865) at
Wright River to Elba Island Cut Light 10 (Light List, Vol. III no.
35900) at St. Augustine Creek. All coordinates are based upon North
American Datum 83 (NAD 83).
(b) Definitions. The following definitions apply to 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, to
regulate the movement of vessels within the RNA and restrict vessels
and persons from entering the security zones.
Slow speed means the speed at which a vessel proceeds when it is
fully off plane, completely settled in the water and not creating
excessive wake. Due to the different speeds at which vessels of
different sizes and configurations may travel while in compliance with
this definition, no specific speed is assigned to slow speed. In no
instance should slow speed be interpreted as a speed less than that
required to maintain steerageway. A vessel is not proceeding at slow
speed if it is:
(1) On a plane;
(2) In the process of coming up onto or coming off a plane; or
(3) Creating an excessive wake.
(c) Regulations. (1) Security Zones. The regulations in this
paragraph apply to the zones in paragraphs (a)(1) through (a)(4) of
this section. Entry into or transiting within the security zones is
prohibited unless authorized by the Coast Guard Captain of the Port,
Savannah, Georgia or that officer's designated representatives. Vessels
moored, docked or anchored in 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 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.
(2) Regulated Navigation Areas. The regulations in this paragraph
apply to the areas in paragraph (a)(5) and (a)(6) of this section.
(i) All vessels entering and transiting through the regulated
navigation area shall proceed continuously and at a slow speed. In no
instance should slow speed be interpreted as a speed less than that
required to maintain steerageway. Nothing in this rule alleviates
vessels or operators from complying with all state and local laws in
the area.
(ii) All vessels shall comply with orders from the Coast Guard
Captain of the Port of Savannah or that officer's designated
representatives, regulating their speed, course, direction and
movements within the RNA. All vessels shall obtain the permission of
the Captain of the Port prior to entering or transiting via VHF Channel
16.
(d) Effective period: This section is effective from 8 a.m. on June
5, 2004, until 4 p.m. on June 11, 2004.
Dated: March 30, 2004.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 04-7995 Filed 4-7-04; 8:45 am]
BILLING CODE 4910-15-P