[Federal Register Volume 63, Number 83 (Thursday, April 30, 1998)]
[Proposed Rules]
[Pages 23703-23706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11230]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Savannah 98-010]
RIN 2115-AA97


Safety Zones: Savannah River, Savannah, GA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish six (6) temporary safety 
zones in the vicinity of the Savannah River and approaches during the 
Americas' Sail marine event to be held from July 2-6, 1998. These 
regulations are necessary to protect life and property on navigable 
waters because of the danger associated with the large number of 
expected participant and spectator craft within the narrow confines of 
the navigation channel.

DATES: Comments must be received on or before June 1, 1998.


[[Page 23704]]


ADDRESSES: Comments may be mailed to the Captain of the Port Savannah, 
222 West Oglethorpe Avenue, Suite 402, Savannah, Georgia 31401. The 
comments will be available for inspection and copying at this location 
between 9 a.m. and 3 p.m., Monday through Friday, except federal 
holidays. Comments may also be hand delivered to this address.

FOR FURTHER INFORMATION CONTACT:
LT Burt Lahn, Marine Safety Office Savannah at Tel: (912) 652-4353, 
between the hours of 0730 and 1600, Monday through Friday, except 
holidays.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking [COTP Savannah-98-010] and the specific 
section of this proposal to which each comment applies and give the 
reason for each comment.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments. 
The Coast Guard plans no public hearing. Persons may request a public 
hearing by writing to the address under ADDRESSES. The request should 
include the reasons why a hearing would be beneficial. If the Coast 
Guard determines that the opportunity for oral presentations will aid 
this rulemaking, it will hold a public hearing at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    The events requiring these regulations will commence on July 2, 
1998, when tall ships will begin arriving and anchoring in a pre-
designated staging area offshore of Tybee Island, Georgia. On July 3, 
1998, the tall ships will proceed in a pre-designated order into the 
Port of Savannah via the Savannah River, and will moor along the 
Savannah waterfront. During the period from July 3 to July 5, 1998, 
inport activities will be held, including a fireworks display on the 
evening of July 4, 1998. On the morning of July 6, 1998, the vessels 
will depart the port of Savannah, from up offshore, and the class A 
vessels (those greater than 150 feet) will commence racing to Long 
Island, new York.
    Approximately 1,000 spectator craft are expected to participate in 
the Americas' Sail festivities. The Coast Guard proposes to establish 
the following six (6) safety zones at various times during the event: 
(1) A one square mile pre-arrival staging area offshore of Tybee 
Island, Georgia; (2) a safety zone from the entrance buoys, Savannah 
River to the Talmadge Bridge extending a width of 300 feet around the 
center of the channel for the inbound transit; (3) a safety zone from 
the south bank of the Savannah River to the center of the Savannah 
River Channel, from the Talmadge Bridge extending Eastward to position 
32-04.45N, 081-04.45W; (4) a 300 foot safety zone around a fireworks 
staging area located on Hutchinson Island, in an approximate position 
of 32-05N, 081-05W; (5) a safety zone from the entrance buoys, Savannah 
River to the Talmadge Bridge extending a width of 300 feet around the 
center of the channel for the outbound transit, and; (6) a safety zone 
northeast of Tybee Island, Georgia, for the pre-race staging and the 
commencement of the offshore race.
    The anticipated concentration of spectator and participant vessels 
associated with this event poses safety and security concerns for the 
safety and well being of the parading vessels and spectators. These 
proposed regulations are intended to provide safety for the Americas' 
Sail participants and ensure safe navigation on the Savannah River and 
approaches by managing and controlling the traffic entering, exiting 
and traveling within the Savannah River waters. These safety zones are 
required to minimize the problems associated with large numbers of 
small craft within the confines of the narrow navigation channel on the 
Savannah River during the event.
    The Coast Guard, assisted by State Law Enforcement patrol vessels, 
will be 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. The following 
safety zones are proposed:
    (1) The safety zone for the offshore staging/anchorage area for the 
tall ships will be in effect from 9 a.m. EDT on July 2, 1998, to 5 p.m. 
on July 3, 1998, and will encompass an area bounded by 32-00N, 080-45W, 
32-01N, 080-45W, 32-01N, 080-46W, and 32-00N, 080-46W. During this time 
no vessel shall be allowed to enter this safety zone unless authorized 
by the Captain of the Port.
    (2) The safety zone to allow the parade of tall ships into the city 
of Savannah will be in effect from 10 a.m. to 5 p.m. EDT on July 3, 
1998, and will encompass the center 300 feet of the Savannah River 
channel from the entrance of Bloody Point Range to the Talmadge Bridge. 
Enforcement of this safety zone will allow spectator vessels adequate 
room on each side of the navigation channel to transit or observe the 
parade of ships. Vessels that cannot navigate outside of this safety 
zone and desire to depart the port of Savannah on July 3, 1998, must 
depart in time to clear the entrance to Tybee Island Range prior to 10 
a.m. Vessels that cannot safely navigate outside of this safety zone 
and desire to enter the port of Savannah on July 3, 1998, must commence 
the inbound transit prior to 10 a.m. The Captain of the Port will allow 
vessel traffic to resume inbound transits utilizing the entire 
navigational channel when the last tall ship in the parade clears 
Longitude 081-02W. Vessels using the Intra-Coastal Waterway (ICW) will 
not be allowed to cross the Savannah River at the junction of Fields 
Cut once the parade commences. Vessels will be allowed to resume 
transiting the ICW once the last tall ship in the parade clears the 
Savannah River and Fields Cut junction.
    (3) The safety zone for the mooring of the vessels will be in 
effect from 9 a.m. until 5 p.m. EDT on July 3, 1998. The safety zone 
for the departure of the vessels will be in effect from 9 a.m. until 5 
p.m. EDT on July 6, 1998. These zones will include all waters bounded 
from the south bank of the Savannah River to the center of the Savannah 
River Channel, from the Talmadge Bridge extending Eastward to position 
32-04.45N, 081-04.45W. During these times no vessel shall be allowed to 
enter these safety zones unless authorized by the Captain of the Port.
    (4) The safety zone for the fireworks display will be in effect 
from 9 p.m. to 11 p.m. EDT on July 4, 1998, and will encompass a 300 
foot radius around the fireworks staging area located on Hutchinson 
Island, in approximate position 32-05N, 081-05W. During this time no 
vessel shall be allowed to enter this safety zone unless authorized by 
the Captain of the Port.
    (5) The safety zone to allow the parade of tall ships to depart the 
city of Savannah will be in effect from approximately 9 a.m. to 5 p.m. 
EDT on July 6, 1998, and will encompass the middle 300 feet of the 
Savannah River channel from the Talmadge Bridge to the entrance of 
Bloody Point Range. Vessels that cannot safely navigate outside of this 
safety zone and desire to depart the port of Savannah on July 6, 1998, 
would be required to begin the outbound transit in sufficient time to 
clear the Savannah Riverfront area prior to 9 a.m. Enforcement of this 
safety zone will allow spectator vessels adequate room on each side of 
the navigation

[[Page 23705]]

channel to transit or observe the parade of ships. Vessels that cannot 
safely navigate outside of the safety zone and desire to enter the port 
of Savannah on July 6, 1998, would be required to clear the Savannah 
Riverfront area prior to 9 a.m. If unable to clear the Savannah 
Riverfront area by 9 a.m., these vessels would be required to start the 
inbound transit entrance after 5 p.m. This time may be earlier if the 
tall ships complete their outbound transit before 5 p.m. This time may 
be earlier if the tall ships complete their outbound transit before 5 
p.m. The Captain of the Port will allow vessel traffic to resume 
outbound transits utilizing the entire navigational channel when the 
last tall ship in the parade clears Longitude 080-51.00W. Vessels using 
the ICW will not be allowed to cross the Savannah River at the junction 
of Fields Cut once the lead tall ship in the parade approaches within 
one (1) nautical mile of this area. Vessels will be allowed to resume 
transiting the ICW once the last tall ship in the parade clears the 
Savannah River and Fields Cut junction.
    (6) The safety zone for the pre-race staging for the tall ships 
will be in effect from 9 a.m. to 5 p.m. EDT on July 6, 1998, and will 
encompass an area bounded by 32-00.19N, 080-44.07W, 31-59.35N, 080-
43.08W, 32-00.59N, 080-41.32W, and 32-01.43N, 080-44.28W. During this 
time no vessel shall be allowed to enter this safety zone unless 
authorized by the Captain of the Port.
    The Captain of the Port will restrict vessel operations in the 
above safety zones. No persons or vessels will be allowed to enter or 
operate within the zones, except as may be authorized by the Captain of 
the Port, Savannah, Georgia. These regulations are issued pursuant to 
33 U.S.C. 1231, as set out in the authority citation of Part 165.

Regulatory Evaluation

    This temporary rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 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 exempted it from 
review 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 rule to be so minimal that a full Regulatory Evaluation 
under paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. These regulations will only be in effect for a short 
periord of time, and the impacts on routine navigation are expected to 
be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposed rule will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their field, and government jurisdictions with populations 
of less than 50,000.
    Therefore, the Coast Guard certifies under section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this proposed 
rule will not have a significant economic impact upon a substantial 
number of small entities because the regulations will only be in effect 
in limited areas for a total of four days. If, however, you think that 
your business or organization qualifies as a small entity and that this 
proposed rule will have a significant economic impact on your business 
or organization, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and in what way and to what degree this proposed 
rule will economically affect it.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

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

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
action and has determined pursuant to section 2.B.2.a (CE# (34(g)) of 
Commandant Instruction M16475.1C that this action is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 165

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

Proposed Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend Subpart C of Part 165 of Title 33, Code of Federal Regulations, 
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 section 165.T07-010 is added to read as follows:


Sec. 165.T07-010  Safety Zones; Savannah River and Approaches, 
Savannah, GA.

    (a) Locations. The following areas are safety zones (all 
coordinates reference Datum: NAD 83):
    (1) From 9 a.m. EDT on July 2, 1998, to 5 p.m. EDT on July 3, 1998, 
an area bounded by 32-00N, 080-45W, 32-01N, 080-45W, 32-01N, 080-46W, 
and 32-00N, 080-46W. During this time no vessel shall be allowed to 
enter this safety zone unless authorized by the Captain of the Port.
    (2) From 10 a.m. to 5 p.m. EDT on July 3, 1998, the center 300 feet 
of the Savannah River navigational channel from the entrance of Bloody 
Point Range to the Talmadge Bridge. Vessels that cannot safely navigate 
outside of this safety zone and desire to depart the port of Savannah 
on July 3, 1998, will be required to begin the outbound transit in 
sufficient time to clear the entrance to Tybee Island Range prior to 10 
a.m. Vessels that cannot safely navigate outside of this safety zone 
and desire to enter the port of Savannah on July 3, 1998, would be 
required to commence the inbound transit prior to 10 a.m. The Captain 
of the Port will allow vessel traffic to resume inbound transits 
utilizing the entire navigational channel when the last tall ship in 
the parade clears longitude 081-02W. Vessels using the ICW will not be 
allowed to cross the Savannah River at the junction of the Fields Cut 
once the parade commences. Vessels will be allowed to resume transiting 
the ICW once the last tall ship in the parade clears the Savannah River 
and Fields Cut junction.
    (3) From 9 a.m. until 5 p.m. EDT on July 3, 1998, and from 9 a.m. 
until 5 p.m. EDT on July 6, 1998, all waters bounded by the south bank 
of the Savannah River to the center of the Savannah River Channel, from 
the Talmadge Bridge to position 32-04.45, 081-04.45W. During these 
times no vessel shall be allowed to enter these safety zones unless 
authorized by the Captain of the Port.
    (4) From 9 p.m. to 11 p.m. EDT on July 4, 1998, a 300 foot radius 
around a fireworks staging area in approximate position 32-05N, 081-
05W. During this

[[Page 23706]]

time no vessel shall be allowed to enter this safety zone unless 
authorized by the Captain of the Port.
    (5) From 9 a.m. to 5 p.m. EDT on July 6, 1998, the center 300 feet 
of the Savannah River channel from the Talmadge Bridge to the entrance 
of Bloody Point Range. Vessels that cannot safely navigate outside of 
this safety zone and desire to depart the port of Savannah on July 6, 
1998, would be required to begin the outbound transit in sufficient 
time to clear the Savannah Riverfront area prior to 9 a.m. Vessels that 
cannot safely navigate outside of this safety zone and desire to enter 
the port of Savannah on July 6, 1998, would be required to clear the 
Savannah Riverfront area prior to 9 a.m. If unable to clear the 
Savannah Riverfront area by 9 a.m., these vessels would be required to 
start the inbound transit after 5 p.m. The Captain of the Port will 
allow vessel traffic to resume outbound transits utilizing the entire 
navigational channel when the last tall ship in the parade clears 
longitude 080-51W. Vessels using the ICW will not be allowed to cross 
the Savannah River at the junction of the Fields Cut once the parade 
approaches within one (1) nautical mile of this area. Vessels will be 
allowed to resume transiting the ICW once the last tall ship in the 
parade clears the Savannah River and Fields Cut junction.
    (6) From 9 a.m. to 5 p.m. EDT on July 6, 1998, an area bounded by 
32-00.19N, 080-44.07W, 31-59.35N, 080-43.08W, 32-00.59N, 080-41.32W, 
and 32-01.43N, 080-42.28W. During this time no vessel shall be allowed 
to enter this safety zone unless authorized by the Captain of the Port.

    Note: The regulations specified in paragraphs (a)(1) and (a)(6) 
apply only within the navigable waters of the United States. In the 
waters within the offshore staging area and pre-race staging area 
that are outside the navigable waters of the United States, the 
following nonobligatory guidelines apply.

    (i) All unaffiliated Americas' Sail vessels should remain clear of 
the staging area and pre-race staging area and avoid interfering with 
any Americas' Sail participant or Coast Guard vessel. Interference with 
anchoring or race activities may constitute a safety hazard warranting 
cancellation or termination of all or part of the Americas' Sail 
activities by the Captain of the Port.
    (ii) Any unauthorized entry into these zones 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.
    (b) Regulations. In accordance with the general regulations in 
Section 165.23 of this part, entry into these safety zones is subject 
to the following requirements:
    (1) These safety zones are closed to all non-participating vessels, 
except as may be permitted by the Captain of the Port or a 
representative of the Captain of the Port.
    (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. The 
representative of the Captain of the Port will be aboard either a Coast 
Guard or Coast Guard Auxiliary vessel.
    (3) Non-participating 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. 
Vessel operators may determine the restrictions in effect for the 
safety zone by coming alongside a Coast Guard vessel patrolling the 
perimeter of the safety zone.
    (5) The Captain of the Port Savannah will issue a Marine Safety 
Information Broadcast Notice to Mariners to notify the maritime 
community of the safety zones and restrictions imposed.
    (c) Dates. This section is effective at 9 a.m. Eastern Daylight 
Time (EDT) on July 2, 1998, and terminates at 5 p.m. EDT on July 6, 
1998, unless sooner terminated by the Captain of the Port.

    Dated: April 15, 1998.
R.E. Seebald,
Commander, U.S. Coast Guard, Captain of the Port, Savannah, Georgia.
[FR Doc. 98-11230 Filed 4-29-98; 8:45 am]
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