[Federal Register Volume 69, Number 68 (Thursday, April 8, 2004)]
[Proposed Rules]
[Pages 18794-18797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7994]



[[Page 18793]]

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Part VI





Department of Homeland Security





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Coast Guard



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33 CFR Part 165



Security Zones: St. Simons Sound and the Atlantic Ocean, GA; Security 
Zones and Regulated Navigation Areas: Savannah River, GA; Proposed 
Rules

  Federal Register / Vol. 69, No. 68 / Thursday, April 8, 2004 / 
Proposed Rules  

[[Page 18794]]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Savannah-04-041]
RIN 1625-AA00


Security Zone, St. Simons Sound and the Atlantic Ocean, GA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary security 
zones, from June 5, 2004, through June 11, 2004, for the G-8 Summit to 
be held in Sea Island, Georgia. These proposed security zones 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 
conference. The proposed rule would prohibit the entry of all vessels 
and persons into the waters in the vicinity of Sea Island, Jekyll 
Island, and all waters of the Atlantic Ocean from the baseline of Sea 
Island and Jekyll islands extending seaward to a distance of 3 nautical 
miles, as well as waters on the Hampton River, Jones Creek, Lanier 
Island, St. Simons Sound, and the security zones prohibit entering 
closer than 100-yards to certain bridges within these same areas.

DATES: Comments and related material must reach the Coast Guard on or 
before May 10, 2004. The proposed security zones would be effective 
from 8 a.m. on June 5, 2004, until 4 p.m. on June 11, 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 04-041], 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 8\1/2\ 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 due to the comments received.

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 property damage, and their 
law enforcement officers and public citizens have sustained personal 
injuries from a segment of protestors engaged in violent demonstrations 
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 St. 
Simons Sound. In particular, there is a need for additional security 
around venue areas established for the dignitaries and official parties 
attending the G-8 Summit, bridges, and waterways used by commercial 
shipping. 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 security threat to the public, the G-8 Summit 
and its participants, and the flow of commerce on the navigable 
waterways.
    The proposed security zones would mitigate these threats and are 
necessary to protect the public, the G-8 Summit attendees, law 
enforcement officers, and the flow of commerce on the waterways from 
persons attempting hostile and violent acts. Please note that elsewhere 
in today's Federal Register, we have published another proposed rule, 
entitled ``Security Zones and Regulated Navigation Areas; Savannah 
River, GA,'' [COTP Savannah-04-040] that is also intended to provide 
security of the public, the G-8 Summit and its participants, and the 
safety of the waterways during this same period--June 5, 2004, until 4 
p.m. on June 11, 2004.

Discussion of Proposed Rule

    The proposed security zones prohibit all vessels and persons from 
entering the waters encompassed by the following points unless they 
obtain permission in advance from the Captain of the Port of Savannah 
to transit the zones: All waters of St. Simons Sound and the Atlantic 
Ocean, from surface to bottom, encompassed by a line commencing from 
the north east point of Little St. Simons Island at 31[deg]15'24'' N, 
081[deg]16'55'' W; thence, easterly seaward into the waters of the 
Atlantic Ocean out to a distance of 3 nautical miles at 31[deg]15'24'' 
N, 081[deg]11'55'' W; thence southerly following the contour of the 
coastline at a distance of 3 nautical miles to 31[deg]00'44'' N,

[[Page 18795]]

081[deg]19'35'' W; thence westerly to the southern tip of Jekyll Island 
at 31[deg]00'44'' N, 081[deg]26'03'' W; thence north westerly to the 
south side of the Sidney Lanier bridge at 31[deg]06'48'' N, 
081[deg]29'40'' W; thence continuing north easterly to the northern tip 
of Lanier Island at 31[deg]11'06'' N, 081[deg]25'17'' W; thence 
continuing north easterly to the Hampton River at 31[deg]17'36'' N, 
081[deg]20'33'' W; thence back to the original point.
    Additionally, the following bridges would have security zones, to 
the extent they are not already within the St. Simons sound security 
zone, encompassing all waters within 100-yards of the bridge:

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                Roadway                           Bridge                             Located at
----------------------------------------------------------------------------------------------------------------
Jekyll Island Causeway................   Cedar Creek.............  31[deg]05.318' N, 081[deg]28.780' W.
Jekyll Island Causeway................   Jekyll Creek............   31[deg]02.808' N, 081[deg]25.347' W.
Highway 17............................   Sidney Lanier...........   31[deg]06.982' N, 081[deg]29.094' W.
Saint Simons Causeway.................   Terry Creek.............   31[deg]09.697' N, 081[deg]28.137' W.
Saint Simons Causeway.................   Back River..............   31[deg]09.868' N, 081[deg]26.766' W.
Saint Simons Causeway.................   Little River............   31[deg]10.120' N, 081[deg]26.200' W.
Saint Simons Causeway.................   MacKay River............   31[deg]10.276' N, 081[deg]25.494' W.
Saint Simons Causeway.................   Frederica River.........   31[deg]10.050' N, 081[deg]24.782' W.
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    Although the G-8 Summit is scheduled to take place from June 8 
through June 10, 2004, it is necessary to make the security zones 
effective from June 5 through June 11, 2004 to provide security for 
arriving and departing G-8 summit attendees and allow law enforcement 
officials time to stand up and stand down from patrolling the security 
zones.
    The Captain of the Port may, if security conditions allow, permit 
vessels to transit through the security zones under the escort of law 
enforcement officials. However, southbound vessels transiting the 
Intracoastal waterway should plan on exiting at Altamaha Sound to the 
Atlantic Ocean and proceed southbound seaward of 3 nautical miles and 
outside the 3 nautical mile limit of the security zone to the entrance 
of St. Andrew Sound, and then travel westward to rejoin the 
Intracoastal waterway and continue their southbound voyage. Conversely, 
northbound vessels transiting the Intracoastal waterway should 
generally plan to exit the Intracoastal waterway east from St. Andrew 
Sound to the Atlantic Ocean, and proceed northbound seaward of 3 
nautical miles and the 3 nautical mile limit of the security zone to 
the entrance of Altamaha Sound, and then travel west to rejoin the 
Intracoastal waterway to continue their northbound voyage.
    Entry into or remaining within the security zones is prohibited 
unless authorized by the Coast Guard Captain of the Port, Savannah, 
Georgia or that officer's designated representatives. Persons desiring 
to enter or transit the areas encompassed by the security zone 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.

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 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 a portion of St. Simons Sound, the 
Intracoastal Waterway and the Atlantic Ocean covered by this proposed 
security zone. Owners of such small entities are encouraged to contact 
the Captain of the Port to seek permission to transit these security 
zones.
    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 FOR 
FURTHER INFORMATION CONTACT) 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 FOR FURTHER INFORMATION CONTACT.

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

[[Page 18796]]

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 would 
not result in such an expenditure, we do discuss the effects of this 
rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not effect 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 proposed 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.

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 proposed 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 proposes 
to amend 33 CFR 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.T07-041 to read as follows:


Sec.  165.T07-041  Temporary Security Zones, St. Simons Sound, GA

    (a) Locations. The following areas are security zones:
    (1) Security zone; St. Simons Sound and the Atlantic Ocean. All 
waters of St. Simons Sound and the Atlantic Ocean, from surface to 
bottom, encompassed by a line commencing from the north east point of 
Little St. Simons Island at 31[deg]15'24'' N, 081[deg]16'55'' W; 
thence, easterly seaward into the waters of the Atlantic Ocean out to a 
distance of 3 nautical miles at 31[deg]15'24'' N, 081[deg]11'55'' W; 
thence southerly following the contour of the coastline at a distance 
of 3 nautical miles to 31[deg]00'44'' N, 081[deg]19'35'' W; thence 
westerly to the southern tip of Jekyll Island at 31[deg]00'44'' N, 
081[deg]26'03'' W; thence north westerly to the south side of the 
Sidney Lanier bridge at 31[deg]06'48'' N, 081[deg]29'40'' W; thence 
continuing north easterly to the northern tip of Lanier Island at 
31[deg]11'06'' N, 081[deg]25'17'' W; thence continuing north easterly 
to the Hampton River at 31[deg]17'36'' N, 081[deg]20'33'' W; thence 
back to the original point. All coordinates are based upon North 
American Datum 83 (NAD 83).
    (2) Security zone, Bridges. All waters from surface to bottom 
within 100-yards of the following bridges:

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                Roadway                           Bridge                             Located at
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(i) Jekyll Island Causeway............  Cedar Creek..............  31[deg]05.318' N, 081[deg]28.780' W.
(ii) Jekyll Island Causeway...........  Jekyll Creek.............  31[deg]02.808' N, 081[deg]25.347' W.
(iii) Highway 17......................  Sidney Lanier............  31[deg]06.982' N, 081[deg]29.094' W.
(iv) Saint Simons Causeway............  Terry Creek..............  31[deg]09.697' N, 081[deg]28.137' W.
(v) Saint Simons Causeway.............  Back River...............  31[deg]09.868' N, 081[deg]26.766' W.
(vi) Saint Simons Causeway............  Little River.............  31[deg]10.120' N, 081[deg]26.200' W.
(vii) Saint Simons Causeway...........  MacKay River.............  31[deg]10.276' N, 081[deg]25.494' W.
(viii) Saint Simons Causeway..........  Frederica River..........  31[deg]10.050' N, 081[deg]24.782' W.
(ix) All coordinates are based upon
 North American Datum 83 (NAD 83).
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    (b) Definitions. As used in 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 (COTP) to restrict 
vessels and persons from entering the security zones.
    (c) Regulations. Entry into or transiting within the security zones 
is prohibited unless authorized by the

[[Page 18797]]

Coast Guard Captain of the Port, Savannah, Georgia or that officer's 
designated representatives. Vessels docked, moored, or anchored in one 
of 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 zones. 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.

    Dated: March 30, 2004.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 04-7994 Filed 4-7-04; 8:45 am]
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