[Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
[Rules and Regulations]
[Pages 32741-32743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15965]
[[Page 32741]]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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: This regulation is effective from 9 a.m. Eastern Daylight Time
(EDT) on July 2, 1998, until 2 p.m. EDT on July 6, 1998.
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:
Regulatory History
The Coast Guard published a Notice of Proposed Rulemaking on April
30, 1998 (63 FR 23703). One comment was received during the comment
period.
Discussion of Comments and Changes
One comment was received from a spill response organization stating
that the Coast Guard needed to provide access through the safety zones
for spill response organizations in case of a spill. The Coast Guard
agrees, and will facilitate any such request from any spill response
organization in the event of an oil spill.
Additionally, because of updated participant vessel arrival,
transit, mooring and departure information, all the effective times for
the safety zones have been shortened, with the exception of the safety
zone on July 4, 1998, for the fireworks display.
Background 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,
import 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, form up offshore, and the class A
vessels (those greater that 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 is establishing 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
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 are safety zones:
(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 2 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 11 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 of Tybee Island Range prior to 11
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 11 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 2 p.m. until 5 p.m. EDT on July 3, 1998. The safety zone
for the departure of the vessels will be in effect from 8 a.m. until 11
a.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
[[Page 32742]]
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 8 a.m. to 2 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 8 a.m. 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 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 8 a.m. If unable to
clear the Savannah Riverfront area by 8 a.m., these vessels would be
required to start the inbound transit entrance after 2 p.m. This time
may be earlier if the tall ships complete their outbound transit before
2 p.m. The Captain of the Port will allow vessel traffic to resume
outbound transit 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
(1) nautical mile of the area. Vessels will be allowed to resume
transiting the ICW once the last tall ship in the parade clears the
Savannah River and Field Cut junction.
(6) The safety zone for the pre-race staging for the tall ships
will be in effect from 10 a.m. to 2 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.
In accordance with U.S.C. 553, good cause exists for making these
regulations effective in less than 30 days after Federal Register
publication. Delaying the effective date would be contrary to national
safety interests since immediate action is needed to minimize potential
danger to the public, as insufficient time remains after the 30 day
comment period provided by the NPRM published on April 30, 1998, to
allow for another 30 day delay after publication.
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 and procedures of DOT is
unnecessary. These regulations will only be in effect for a short
period 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 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 governmental 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 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.
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 Figure 2-1, paragraph (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.
Temporary Regulations
In consideration of the foregoing, the Coast Guard amends 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 Sec. 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 2 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 11 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 11
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 11 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
[[Page 32743]]
transiting the ICW once the last tall ship in the parade clears the
Savannah River and Fields Cut junction.
(3) From 2 p.m. until 5 p.m. EDT on July 3, 1998, and from 8 a.m.
until 11 a.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 time no vessel shall be allowed to enter this safety
zone unless authorized by the Captain of the Port.
(5) From 8 a.m. to 2 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 8 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 8 a.m. If unable to clear the
Savannah Riverfront area by 8 a.m., these vessels would be required to
start the inbound transit after 2 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 10 a.m. to 2 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
Sec. 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 channel 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 becomes effective at 9 a.m., Eastern
Daylight Time (EDT) on July 2, 1998, and terminates at 2 p.m., EDT on
July 6, 1998.
Dated: June 3, 1998.
R.E. Seebald,
Commander, U.S. Coast Guard, Captain of the Port, Savannah, Georgia.
[FR Doc. 98-15965 Filed 6-15-98; 8:45 am]
BILLING CODE 4910-15-M