[Federal Register Volume 61, Number 2 (Wednesday, January 3, 1996)]
[Proposed Rules]
[Pages 136-139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-47]



-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 165

[CGD07-95-062]
RIN 2115-AA97


Safety/Security Zone Regulations; Savannah, GA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish five safety/security 
zones and two safety zones to protect life, property, and the 
environment in the Savannah River and Wassaw Sound in preparation for, 
and during the 1996 Olympic Sailing Competition.
    The anticipated concentration of spectator and participant vessels 
associated with these races pose safety and security concerns for the 
well-being of the Olympic participants and spectators. The proposed 
regulations are intended to provide security for the Olympic 
participants and to promote safe navigation on the waters in the 
vicinity of the Olympic activities, as detailed in the following text, 
by controlling the traffic entering, exiting and traveling within these 
waters, and are necessary to minimize the problems associated with 
crowded conditions in the area during the Olympic event.

DATES: Comments must be received on or before March 4, 1996.

ADDRESSES: Comments may be mailed to the Captain of the Port Savannah, 
P.O. Box 8191, Marine Safety Office, Savannah, Georgia, 31412-8191. The 
comments will be available for inspection and copying at 222 W. 
Oglethorpe Avenue, Suite 402, Savannah, Georgia between 9 a.m. and 3 
p.m., Monday through Friday, except federal holidays. Comments may also 
be hand delivered to this address. A copy of the draft environmental 
assessment is available from CEU Miami, 909 S.E. 1st Ave., Miami, 
Florida 33131. The draft environmental assessment is available for 
inspection and copying at Coast Guard Marine Safety Office Savannah, 
222 W. Oglethorpe Avenue, Suite 402, Savannah, Georgia between 9 a.m. 
and 3 p.m., Monday through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT:
LT J. A. Simmerman, Marine Safety Office, Savannah at (912) 652-4353, 
between the hours of 7:30 a.m. and 4 p.m., Monday through Friday, 
except holidays.

SUPPLEMENTARY INFORMATION: The Coast Guard encourages interested 
persons to participate in this rulemaking by submitting written views, 
data, or arguments. Persons submitting comments should include their 
names, addresses, identify the notice (CGD07-95-062) and the specific 
section of this proposal to which their comments apply, and give 
reasons for each comment. The Coast Guard will consider all comments 
received during the comment period. The regulations may be changed in 
view of the comments received. All comments received before the 
expiration of the comment period will be considered before final action 
is taken on this proposal.
    No public hearing is planned, but one may be held if the written 
requests for a hearing are received, and it is determined that the 
opportunity to make oral presentations will add to the rulemaking 
process.

Drafting Information

    The drafters of this document are LT J.A. Simmerman, Project 
Officer for the Captain of the Port, Savannah, Georgia, and LTJG J. 
Diaz, Project Attorney, Seventh Coast Guard District Legal Office.

Discussion of Proposed Regulations

    Approximately 1,000 to 5,000 spectator vessels are expected to 
arrive and participate in the festivities of the 1996 Olympic sailing 
competition. The anticipated concentration of spectator and participant 
vessels associated with these races poses safety and security concerns 
for the well-being of the Olympic participants and spectators, which is 
addressed in these proposed regulations.
    The Coast Guard proposes to establish five safety/security zones 
and two safety zones to provide for the safety and security of the 
Olympic participants and spectators. These regulations are intended to 
promote safe navigation on the waters in the vicinity of Olympic 
activities, as detailed in the following text, by controlling the 
traffic entering, 

[[Page 137]]
exiting and traveling within these waters.
    There will be Coast Guard and State Law Enforcement patrol vessels 
on scene to enforce the zones and monitor traffic. No persons or 
vessels will be allowed to enter or operate within these zones, except 
as may be authorized by the Captain of the Port. These regulations 
would be issued pursuant to 33 U.S.C. 1231, 50 U.S.C. 191, as set out 
in the authority citation of all of Part 165. The effective dates of 
these regulations would be from July 2, 1996 until August 5, 1996.
    Five safety/security zones would be established in the following 
areas: (1) Savannah River (Olympic Village area), all the waters around 
the Marriott Hotel Olympic Village; (2) Wilmington River and Turners 
Creek area (Olympic Marina area); (3) Wilmington River and Wassaw 
Sound, moving safety/security zones placed 75 yards around all Olympic 
Athlete shuttle vessels, with athletes onboard, while transiting in the 
Wilmington River and Wassaw Sound area; (4) Bull River and/or Tybee 
Cut; the entrance and exit of Tybee Cut will be closed during foul/
heavy weather to allow for athlete shuttles to transit the area; (5) 
and the Atlantic Ocean and Wassaw Sound offshore racing areas, which 
includes the area from Myrtle Island until the Wilmington River and the 
area from Wilmington Island until the junction of the Half Moon and 
Bull Rivers.
    The proposed regulations for the offshore racing areas (as defined 
in proposed new section 165.T07-062(a)(5)) will be enforced for that 
portion of the race venue which is located within the navigable waters 
of the United States to minimize navigational dangers and to ensure the 
safety of vessels in the area of the Olympic venue. Non-obligatory 
guidelines are included for that portion of the venue which falls 
outside the navigable waters of the United States. Entry into this 
safety/security zone will be prohibited without permission of the 
Captain of the Port.
    The Coast Guard also proposes to establish a moving safety zone for 
the vessel which will carry the Olympic torch to the Savannah 
waterfront, prior to the commencement of the 1996 Olympic Games. The 
zone will commence in the Savannah River in the vicinity of Coast Guard 
Station Tybee and continue west up river to the Highway 17 bridge. The 
safety zone is needed for the protection of the vessel carrying the 
Olympic torch. The zone will restrict vessel operations in the safety 
zone.
    Finally, the Coast Guard proposes to establish a safety zone for a 
fireworks display in connection with Olympic festivities, on the 
Savannah River in the vicinity of Rousakis Plaza. The safety zone is 
needed to protect vessels, facilities, and personnel from safety 
hazards associated with the storage, preparation, and launching of 
fireworks. The zone will restrict vessel operations in the safety zone.
    All safety/security and safety zones will contain protective and 
mitigating measures to minimize potential impacts on Protected and/or 
Endangered Species: Florida Manatee, Sea Turtles and Bottlenose 
Dolphin.
    All vessels which fail to comply with these regulations while 
operating within the regulated areas during the regulatory periods are 
subject to the penalties in 33 U.S.C. 1232.

Federalism

    This proposed action has been analyzed in accordance with the 
principles and criteria contained in Executive Order 12612, and it has 
been determined that the proposed rulemaking does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Environmental Assessment

    This proposal has been included in the draft environmental 
assessment prepared to cover all of the Olympic activities. A 
preliminary finding of no significant environmental impact has been 
made based on the draft environmental assessment. A copy of the draft 
environmental assessment is available where stated in the ADDRESSES 
section.

Regulatory Evaluation

    These proposed regulations are not a significant regulatory action 
under section 3(f) of Executive Order 12866 and do not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has been exempted from review by the Office of 
Management and Budget under that order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979), The Coast Guard expects the 
economic impact of this proposal to be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary.
    Since the impact of this proposal is expected to be minimal, the 
Coast Guard certifies that, if adopted, it will not have a significant 
economic impact on a substantial number of small entities.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Proposed Regulations

    In consideration of the foregoing, Subpart C of Part 165 of Title 
33, Code of Federal Regulations is proposed to be amended as follows:

PART 165--[AMENDED]

    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(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A new Sec. 165.T07-062 is added to read as follows:


Sec. 165.T07-062  Safety/security zones: Savannah River, Wilmington 
River and Turners Creek, Bull River, and Wassaw Sound, GA.

    (a) Safety/security zones. The following areas are safety/security 
zones:
    (1) Marriott Hotel/Olympic Village. In the vicinity of the Marriott 
Hotel, in position 32 deg.04'45'' N, 081 deg.05'52'' W, with the 
following boundaries:

West Boundaries
    32 deg.04'56'' N, 081 deg.05'05'' W; to
    32 deg.04'50'' N, 081 deg.05'08'' W
East Boundaries
    32 deg.04'50'' N, 081 deg.04'33'' W; to
    32 deg.04'40'' N, 081 deg.04'34'' W

    This zone includes all waters within the above noted area in the 
Savannah River from the shore to shore. This zone will be extended 500 
yards to the west, and 500 yards to the east, from the Marriott Hotel 
for opening and closing ceremonies and for award ceremonies.
Datum: NAD 83
    (2) Olympic Marina; Wilmington River and Turners Creek. The safety/
security zone begins in the Wilmington River at position:

32 deg.00'45'' N, 081 deg.00'24'' W; then south to 31 deg.59'53'' N, 
081 deg.00'11'' W; then northeast to 31 deg.00'29'' N, 080 deg.59'17'' 
W

    The zone extends approximately 300 yards towards the center of the 
Wilmington River from it's eastern bank. Included is a portion of 
Turners Creek extending east from its entrance at the Wilmington River.
Datum: NAD 83
    (3) Wilmington River and Wassaw Sound. A moving safety/security 
zone will be established in all waters within a 75 yard radius around 
all Olympic 

[[Page 138]]
Athlete shuttle vessels transporting Olympic athletes, and transiting 
to and from the Olympic Marine (Sheraton Hotel) and the Day Marina 
(Beach Hammock) via either Tybee Cut or the Wilmington River.
Datum: NAD 83
    (4)(i) Bull River. This safety/security zone closes the Southern 
entrance to the Bull River at:

31 deg.57'24'' N, 080 deg.56'41'' W; east to 31 deg.57'24'' N, 
080 deg.55'53'' W
    (ii) Bull River (Adverse weather alternative). This safety/security 
zone closes Tybee Cut:

31 deg.57'53'' N, 080 deg.56'29'' W; southwest to 31 deg.57'05'' N, 
080 deg.59'06'' W

    This zone includes all of Tybee Cut within the closed area.
Datum: NAD 83
    (5) Atlantic Ocean and Wassaw Sound. (i) The following area is a 
safety/security zone: From Olympic Security Zone Daybeacon ``BR'' in 
position:

31 deg.57'32'' N, 080 deg.56'31'' W; east to Olympic Security Zone 
Daybeacon ``A'' in position:
31 deg.58'00'' N, 080 deg.50'48'' W; southeast to Olympic Security Zone 
Daybeacon ``AA'' in position:
31 deg.57'45'' N, 080 deg.50'08'' W; southeast to Olympic Security Zone 
Light ``B'' in approximate position:
31 deg.57'27'' N, 080 deg.49'21'' W; south to Olympic Security Zone 
Lighted Buoy ``C'' in approximate position:
31 deg.56'21'' N, 080 deg.48'48'' W; southwest to Olympic Security Zone 
Lighted Buoy ``CC'' in approximate position:
31 deg.55'34'' N, 080 deg.49'11'' W; southwest to Olympic Security Zone 
Lighted Buoy ``D'' in approximate position:
31 deg.54'45'' N, 080 deg.49'34'' W; southwest to Olympic Security Zone 
Lighted Buoy ``DD'' in approximate position:
31 deg.53'58'' N, 080 deg.49'55'' W; southwest to Olympic Security Zone 
Lighted Buoy ``E'' in approximate position:
31 deg.53'09'' N, 080 deg.50'19'' W; west to Olympic Security Zone 
Lighted Buoy ``F'' in approximate position:
31 deg.52'45'' N, 080 deg.52'00'' W; northwest to Olympic Security Zone 
Daybeacon ``G'' in position:
31 deg.53'06'' N, 080 deg.52'30'' W; northwest to Olympic Security Zone 
Light ``H'' in approximate position:
31 deg.53'36'' N, 080 deg.53'15'' W; northwest to Olympic Security Zone 
Lighted Buoy ``I'' in approximate position:
31 deg.54'32'' N, 080 deg.54'27'' W; northwest to Olympic Security Zone 
Lighted Buoy ``J'' in approximate position:
31 deg.54'48'' N, 080 deg.54'55'' W; west to Olympic Security Zone 
Lighted Buoy ``K'' in approximate position:
31 deg.55'02'' N, 080 deg.56'20'' W; then a curved line following the 
outer edge of Race Course Circle A to Cabbage Patch Island Daybeacon 
``20'' in position:

31 deg.56'11'' N, 080 deg.58'14'' W
    (ii) In Wassaw Sound from the southern tip of Wilmington Island at 
the junction of the Half Moon and Bull Rivers at position:

31 deg.57'56'' N, 080 deg.56'25'' W; southeast to 31 deg.57'33'' N, 
080 deg.55'55'' W
Datum: NAD 83
    (b) Definitions--Captain of the Port means the Captain of the Port 
designated by the Commander, Seventh Coast Guard District. The Captain 
of the Port has the authority to control the movement of all vessels 
operating in the regulated areas and may suspend the races at any time 
it is deemed necessary for the protection of life and property.

    Note: The Captain of the Port may be contacted during the 
regulatory periods on VHF/FM Channel 16 (156.8 MHZ) or Channel 22 
(157.1 MHZ) by calling ``Coast Guard Captain of the Port'' or 
``Coast Guard Marine Safety Office Savannah''.

    Competition Vessels means any vessel approved and designated by 
Atlanta Committee for the Olympic Games (ACOG) for participation in 
sanctioned racing.
    Official Vessels means all U.S. Coast Guard, U.S. Coast Guard 
Auxiliary, state and local law enforcement vessels, and civilian 
vessels designated by the Coast Guard Captain of the Port.
    Participant means any competition vessel or vessel directly 
supporting competition that is registered with ACOG while in 
performance of its official function relative to a given race.
    Unaffiliated vessels means all vessels that are not registered with 
ACOG or designated as an Official Vessel by the Coast Guard Captain of 
the Port are unaffiliated vessels.
    (c) Effective dates.
    (1) Marriott Hotel/Olympic Village. The safety/security zone will 
become effective at 8 a.m. EDT July 2, 1996, and terminates at 12:30 
p.m. EDT August 5, 1996.
    (2) Olympic Marina; Wilmington River and Turners Creek. This 
safety/security zone becomes effective at 8 a.m. EDT July 2, 1996, and 
terminates at 12:30 p.m. EDT August 5, 1996.
    (3) Wilmington River and Wassaw Sound. These safety/security zones 
will become effective at 8 a.m. EDT July 2, 1996, and terminates at 
7:30 p.m. EDT August 2, 1996.
    (4) Bull River. This safety/security zone will be effective between 
9 a.m. and 7 p.m. EDT daily from July 2, 1996 through August 2, 1996.
    (5) Atlantic Ocean and Wassaw Sound. The following regulations are 
in effect between the hours of 10 a.m. and 7 p.m. commencing July 19, 
1996 to August 2, 1996, each race date on those waters within the 
Olympic offshore race venue which fall within the navigable waters of 
the United States, i.e., those waters within three nautical miles of 
the baseline from which the territorial sea is measured. This section 
will not be in effect on those race dates when the races are postponed 
or canceled. Announcement to that effect will be made by Broadcast 
Notice to Mariners.
    (i) Unaffiliated vessels shall remain outside the course perimeter, 
as marked by the ACOG vessels and Official Vessels.
    (ii) All vessels shall follow the instructions of any Coast Guard, 
Coast Guard Auxiliary or state law enforcement vessels.

    Note: The regulations specified in paragraph (5) apply only 
within the navigable waters of the United States. In all waters 
within the Olympic Offshore race venue which fall outside the 
navigable waters of the United States, during the specified dates 
and times, the following non-obligatory guidelines apply:

    (A) All unaffiliated vessels should remain clear of the race venue 
and avoid interfering with any participant, ACOG or Official Vessel. 
Interference with race activities may constitute a safety hazard 
warranting cancellation or termination of all or part of the race 
activities by the Captain of the Port.
    (B) Any unauthorized entry within the race course perimeter, as 
marked by ACOG and Official Vessels, by unaffiliated vessels 
constitutes a risk to the safety of marine traffic. Such entry will 
constitute a factor to be considered in determining whether a person 
has operated a vessel in a negligent manner in violation of 46 U.S.C. 
2302.
    (d) Environmental Protection Measures. In all waters within these 
safety/security zones, mariners shall take the protective and 
mitigating action described to below to minimize potential impacts on 
the listed endangered and/or protected species. In addition, detailed 
conditions will be included in the Coast Guard Permit authorizing the 
1996 Olympic Yachting Events.
    (1) The Florida Manatee or Sea Cow is a Federally Endangered 
species occurring in Georgia and South Carolina waters in the summer 
months.
    (i) Mariners shall watch for manatees and use slow speeds in 
shallow waters.
    (ii) Mariners shall observe all manatee speed zones and caution 
areas.
    (iii) If mariners see or their vessel hits a manatee, mariners 
shall immediately 

[[Page 139]]
notify Olympic officials and call the Georgia Department of Natural 
Resources (from 8 a.m. to 4:30 p.m., call 1-800-272-8363; after hours, 
call 1-800-241-4113), or the South Carolina Department of Natural 
Resources (1-800-922-5431). Reports regarding manatee sightings shall 
include: time of sighting, location, date, number of individual 
manatee, and a description of manatee activity.
    (2) Sea Turtles such as Loggerhead sea turtle (Caretta caretta), 
Green sea turtle (Chelonia mydas), Leatherback sea turtle (Dermochelys 
coriacea), Hawksbill sea turtle (Eretmochelys imbricate) and Kemp's 
Ridley sea turtle (Lepidochelys kempi) are federally endangered species 
and occur in the vicinity during the period of the Olympic events. If a 
Sea Turtle is sighted in or within 100 yards of the Atlantic Ocean and 
Wassaw Sound offshore racing areas, mariners must take whatever steps 
are necessary to avoid collision with the turtles, including stopping 
the race immediately if a sea turtle strays onto or dangerously near 
the course.
    (3) Bottlenose Dolphin (porpoise) are protected under the Marine 
Mammal Protection Act of 1972. These mammals shall be observed only at 
a distance. They must not be fed or harmed in any way.
    (e) Regulations. In accordance with the general regulations in 
Section 165.33 of this part, entry into the zone is subject to the 
following requirements:
    (1) Entry into these safety/security zones is prohibited unless 
authorized by the Caption of the Port or his representative.
    (2) The representative of the Captain of the Port is any Coast 
Guard commissioned, warrant or petty officer who has been designated by 
the Captain of the Port, Savannah, GA, to act on his behalf regardless 
of the support platform.
    (3) Vessel operators desiring to enter or operate within the 
safety/security zones shall contact the Captain of the Port or his 
representative to obtain permission to do so. Vessel operators given 
permission to enter or operate in the safety zones shall comply with 
all directions given them by the Captain of the Port or his 
representative.
    (4) The Captain of the Port may be contacted by telephone via the 
Command Duty Officer at (912) 652-4353. Vessels assisting in the 
enforcement of the safety/security zones may be contacted on VHF-FM 
channels 16 or 81, or vessel operators may determine the restrictions 
in effect for the safety/security zones by coming alongside a vessel 
patrolling the perimeter of the safety zone.
    (5) The Captain of the Port will issue a Marine Safety Information 
Broadcast Notice to Mariners to notify the maritime community of the 
safety/security zones and restrictions imposed.
    3. A new Sec. 165.T07-077 is added to read as follows:


Sec. 165.T07-077  Safety Zone: Savannah River, Savannah, GA.

    (a) Location. The following area is a moving safety zone: All 
waters within a 200 yards radius around the vessel that will carry the 
Olympic torch to the Savannah waterfront. The zone will commence on the 
Savannah River approximate position of 32 deg. 02'.10 N, 80 deg. 54'.16 
W in the vicinity of Coast Guard Station Tybee and ending at an 
approximate position 32 deg.05'.13 N, 81 deg.05'.47 West at the Highway 
17 bridge.
    (b) Effective dates. This section is effective at 8 a.m. EDT and 
expires at 9 p.m. EDT on July 10, 1996, unless sooner terminated by the 
Captain of the Port, Savannah, GA.
    (c) Regulations.
    In accordance with the general regulations in Section 165.23 of 
this part, entry into the zone is subject to the following 
requirements:
    (1) This safety zone is closed to all marine traffic, except as may 
be permitted by the Captain of the Port or his representative.
    (2) The representative of the Captain of the Port is any Coast 
Guard commissioned, warrant or petty officer who has been designated by 
the Captain of the Port, Savannah, GA, to act on his behalf regardless 
of the support platform.
    (3) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port or his representative to 
obtain permission to do so. Vessel operators given permission to enter 
or operate in the safety zone shall comply with all directions given 
them by the Captain of the Port or his representative.
    (4) The Captain of the Port may be contacted by telephone via the 
Command Duty Officer at (912) 652-4353. Vessels assisting in the 
enforcement of the safety zone may be contacted on VHF-FM channels 16 
or 81, or vessel operators may determine the restrictions in effect for 
the safety zone by coming alongside a vessel patrolling the perimeter 
of the safety zone.
    (5) The Captain of the Port will issue a Marine Safety Information 
Broadcast Notice to Mariners to notify the maritime community of the 
safety zone and restrictions imposed.
    4. A new Sec. 165.T07-078 is added to read as follows:


Sec. 165.T07-078  Safety Zone: Savannah River, Savannah, GA.

    (a) Location. The following area is a safety zone: All waters 
within a 50 yards radius around a fireworks barge in the vicinity of 
Rousakis Plaza, Savannah River, Savannah, GA at an approximate position 
of 32 deg. 04' .55 N, 81 deg. 05' .27 W.
    (b) Effective dates. This section is effective at 10 p.m. EDT and 
expires at 11 p.m. EDT on July 4, 1996, unless sooner terminated by the 
Captain of the Port, Savannah, GA.
    (c) Regulations.
    In accordance with the general regulations in Section 165.23 of 
this part, entry into the zone is subject to the following 
requirements:
    (1) This safety zone is closed to all marine traffic, except as may 
be permitted by the Captain of the Port or his representative.
    (2) The representative of the Captain of the Port is any Coast 
Guard commissioned, warrant or petty officer who has been designated by 
the Captain of the Port, Savannah, GA, to act on his behalf regardless 
of the support platform.
    (3) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port or his representative to 
obtain permission to do so. Vessel operators given permission to enter 
or operate in the safety zone shall comply with all directions given 
them by the Captain of the Port or his representative.
    (4) The Captain of the Port may be contacted by telephone via the 
Command Duty Officer at (912) 652-4353. Vessels assisting in the 
enforcement of the safety zone may be contacted on VHF-FM channels 16 
or 81, vessel operators may determine the restrictions in effect for 
the safety zone by coming alongside a vessel patrolling the perimeter 
of the safety zone.
    (5) The Captain of the Port will issue a Marine Safety Information 
Broadcast Notice to Mariners to notify the maritime community of the 
safety zone and restrictions imposed.

    Dated: December 20, 1995.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 96-47 Filed 1-2-96; 8:45 am]
BILLING CODE 4910-14-M