[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]
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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.
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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