[Federal Register Volume 69, Number 68 (Thursday, April 8, 2004)]
[Proposed Rules]
[Pages 18797-18800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7995]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Savannah-04-040]
RIN 1625-AA00


Security Zones and Regulated Navigation Areas; Savannah River, GA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary security zones 
and a temporary regulated navigation area, from June 5, 2004, through 
June 11, 2004, for the G-8 Summit to be held in Sea Island, Georgia. 
These proposed rules 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. The proposed temporary security zones 
would prohibit the entry of all vessels into all waters of the Savannah 
River from Port Wentworth south to the boundary of the proposed 
temporary regulated navigation area that is located in the vicinity of 
the south east tip of Elba Island at the western portion of the Lower 
Flats Range. The proposed temporary regulated navigation area would 
control the movement of all vessels operating on the Intracoastal 
Waterway in the vicinity of Fields Cut and south through Elba Island 
Cut to St. Augustine Creek.

DATES: Comments and related material must reach the Coast Guard on or 
before May 10, 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 04-040], 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 81/2 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 in view of them.

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 challenges to public 
safety, property damage, and their law enforcement officers and public 
citizens have sustained personal injuries from a small, but determined 
segment of protestors engaged in violent demonstration 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 the 
Savannah River, particularly around venue areas established for the 
dignitaries and official parties attending the G-8 Summit, critical 
port facilities and infrastructure, bridges, and the navigable 
waterways. 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 threat to public safety and security, the G-8 
Summit and its participants, and the flow of commerce on the navigable 
waterways.
    The proposed temporary security zones and proposed temporary 
regulated navigation area are being established to mitigate these 
threats and are necessary to protect public safety, the G-8 conference 
and attendees, law enforcement officers, the Port of Savannah and 
commerce within the port from persons attempting hostile and violent 
acts.

[[Page 18798]]

    Please note that elsewhere in today's Federal Register, we have 
published another proposed rule also intended to provide security of 
the public, the G-8 Summit and its participants, and the safety of the 
waterways during the same time as this proposed rule. That other 
proposed rule is COTP Savannah-04-041, entitled ``Security Zone, St. 
Simons Sound and the Atlantic Ocean, GA.''

Discussion of Rule

    The proposed temporary security zones would prohibit all vessels 
and persons from entering the waters encompassed by the following areas 
unless they first obtain permission from the Captain of the Port of 
Savannah or his designated representatives by calling on VHF Channel 
Marine 16 or at (912) 652-4353:
    (1) Savannah River. An imaginary line starting at Channel Light 22, 
(Light List Volume III, Number 5090), at the intersection of the Middle 
River and the Savannah River and crossing due West over the Savannah 
River to Port Wentworth at approximate point 32[deg]08'47'' N, 
081[deg]06'36'' W; then all waters of the Savannah River from shore to 
shore and surface to bottom south and east of this imaginary line 
downriver to an imaginary line starting at the south east tip of Elba 
Island at approximate point 32[deg]04'19'' N, 080[deg]58'27'' W and 
extending due north across the Savannah River and through Red Buoy 
36 to approximate point 32[deg]04'40'' N, 080[deg]58'19'' W.
    (2) Back River. The proposed security zone also includes all waters 
of the Back River south and east of the Highway 17 bridge from shore to 
shore and surface to bottom easterly to where the Back River meets the 
Savannah River.
    (3) South Channel Elba Island. The proposed security zone also 
includes all waters of the South Channel south of Elba Island, from 
shore to shore and surface to bottom, from the intersection of the 
Savannah River and the South Channel and continuing south easterly to 
an imaginary line starting at the south east tip of Elba Island at 
approximate point 32[deg]04'19'' N, 080[deg]58'27'' W and extending 
south westerly following the northern edge of Elba Island Cut channel 
to the north east tip of McQueen Island at approximate position 
32[deg]04'08'' N, 080[deg]58'55'' W.
    (4) Intracoastal Waterway Alternate Route. The proposed security 
zone also includes all waters of the Intracoastal Waterway Alternate 
Route from shore to shore and surface to bottom from St. Augustine 
Creek Day Beacon A18 (Light List, Vol. III, no. 35960) to Day Beacon 
A12 (Light List, Vol. III, no. 35945).
    The proposed temporary RNA would require all vessels to obtain 
permission from the Captain of the Port of Savannah or his designated 
representatives via VHF Channel Marine 16, before entering or 
transiting the RNA and would require all vessels to proceed 
continuously and at a slow speed while transiting within the RNA. 
Specific security concerns may cause the Captain of the Port to delay 
the grant of permission to enter or transit the RNA. All vessels within 
the proposed temporary RNA are subject to control by the Captain of the 
Port of Savannah and his designated representatives--normally Coast 
Guard and law enforcement patrol craft in the area. The proposed 
temporary RNA includes all waters encompassed by the following areas:
    (1) Savannah River, Lower Flats Range. An imaginary line starting 
at the south east tip of Elba Island at approximate point 
32[deg]04'19'' N, 080[deg]58'27'' W and extending due north across the 
Savannah River and through Red Buoy 36 to approximate point 
32[deg]04'40'' N, 080[deg]58'19'' W and all waters of the Savannah 
River southeast of that line, from shore to shore and surface to bottom 
in the vicinity of Lower Flats Range, to an imaginary line starting at 
the western tip of Jones Island at the intersection of the Intracoastal 
Waterway and extending southwesterly across the Savannah River 
intersecting through Green buoy ``35'' to Bird Island at approximate 
point 32[deg]04'15'' N, 080[deg]58'00'' W.
    (2) Intracoastal Waterway. All waters of the Intracoastal Waterway 
from shore to shore and surface to bottom from Fields Cut Buoy 48 
(Light List, Vol. III, no. 35865) at Wright River to Elba Island Cut 
Light 10 (Light List, Vol. III no. 35900) at St. Augustine Creek.
    The proposed temporary RNA is necessary to ensure the safety of the 
public, critical port facilities and infrastructure, the G-8 Summit and 
the navigable waters of the United States.
    Information and past experience indicate the G-8 demonstrators may 
attempt to interfere with commercial shipping, both underway and while 
moored. Attempts may include unauthorized boardings of vessels while 
underway or moored in an effort to interrupt commerce and port 
operations. Additionally, demonstrators may attempt unauthorized entry 
into or upon commercial and government facilities located along the 
Savannah River for these same reasons. The proposed temporary RNA, by 
regulating the movement of vessels by requiring vessels to obtain 
permission prior to entering or transiting the zone and imposing a slow 
speed zone will assist law enforcement officers in ensuring the safety 
and security of the Port of Savannah, critical port facilities and 
infrastructure, the G-8 Summit and the navigable waters of the United 
States.
    The temporary RNA requires all vessels within the regulated 
navigation area to proceed continuously and at a slow speed. Slow speed 
is defined as the speed at which a vessel proceeds when it is fully off 
plane, completely settled into the water and not creating an excessive 
wake. In no instance shall slow speed be interpreted as a speed less 
than that required to maintain steerageway. Requiring vessels within 
the temporary RNA to transit at a slow speed will allow law enforcement 
officers to identify, respond to, stop, and query vessels that are 
suspected of presenting a threat to the public, the Port of Savannah, 
and the G-8 Summit. Specifically, the slow speed requirement will allow 
the Coast Guard to adequately protect against threats of hostile and 
violent acts carried out by smaller vessels against commercial vessels 
or critical port facilities and infrastructure. The slow speed 
requirement enhances the ability of the Captain of the Port and his 
designated representatives to control the movement of vessels with the 
proposed temporary RNA which will further provide for the safety of the 
public, the Port of Savannah and the G-8 Summit.
    Nothing in the RNA alleviates vessels or operators from complying 
with all state and local laws.

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

[[Page 18799]]

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 portions of the Savannah River and 
the Intracoastal Waterway covered by these proposed security zones and 
regulated navigation areas.
    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 
ADDRESSES) 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 the FOR FURTHER INFORMATION CONTACT section.

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

Taking of Private Property

    This proposed rule will not affect 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 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. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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 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 amends 
33 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.T07-040 to read as follows:


Sec.  165.T07-040  Temporary Security Zone and Temporary Regulated 
Navigation Areas, Savannah River, GA

    (a) Locations.
    (1) Security Zone, Savannah River. An imaginary line starting at 
Channel Light 22, (Light List Volume III, Number 5090), at the 
intersection of the Middle River and the Savannah River and crossing 
due West over the Savannah River to Port Wentworth at approximate point 
32[deg]08'47'' N, 081[deg]06'36'' W; then all waters of the Savannah 
River from shore to shore and surface to bottom south and east of this 
imaginary line downriver to an imaginary line starting at the southeast 
tip of Elba Island at approximate point 32[deg]04'19'' N, 
080[deg]58'27'' W and extending due north across the Savannah River and 
through Red Buoy 36 to approximate point 32[deg]04'40'' N, 
080[deg]58'19'' W. All coordinates are based upon North American Datum 
83 (NAD 83).
    (2) Security Zone, Back River. All waters of the Back River south 
and east

[[Page 18800]]

of the Highway 17 bridge from shore to shore and surface to bottom 
easterly to where the Back River meets the Savannah River.
    (3) Security Zone, South Channel Elba Island. All waters of the 
South Channel south of Elba Island, from shore to shore and surface to 
bottom, from the intersection of the Savannah River and the South 
Channel and continuing southeasterly to an imaginary line starting at 
the southeast tip of Elba Island at approximate point 32[deg]04'19'' N, 
080[deg]58'27'' W and extending southwesterly following the northern 
edge of Elba Island Cut channel to the northeast tip of McQueen Island 
at approximate position 32[deg]04'08'' N, 080[deg]58'55'' W. All 
coordinates are based upon North American Datum 83 (NAD 83).
    (4) Security Zone, Intracoastal Waterway Alternate Route. All 
waters of the Intracoastal Waterway Alternate Route from shore to shore 
and surface to bottom from St. Augustine Creek Day Beacon A18 (Light 
List, Vol. III, no. 35960) to Day Beacon A12 (Light List, Vol. III, no. 
35945).
    (5) Regulated navigation area; Savannah River, Lower Flats Range. 
An imaginary line starting at the southeast tip of Elba Island at 
approximate point 32[deg]04'19'' N, 080[deg]58'27'' W and extending due 
north across the Savannah River and through Red Buoy 36 to 
approximate point 32[deg]04'40'' N, 080[deg]58'19'' W and all waters of 
the Savannah River southeast of that line, from shore to shore and 
surface to bottom in the vicinity of Lower Flats Range, to an imaginary 
line starting at the western tip of Jones Island at the intersection of 
the Intracoastal Waterway and extending southwesterly across the 
Savannah River intersecting through Green buoy ``35'' to Bird Island at 
approximate point 32[deg]04'15'' N, 080[deg]58'00'' W. All coordinates 
are based upon North American Datum 83 (NAD 83).
    (6) Regulated navigation area; Intracoastal Waterway Fields Cut. 
All waters of the Intracoastal Waterway from shore to shore and surface 
to bottom from Fields Cut Buoy 48 (Light List, Vol. III, no. 35865) at 
Wright River to Elba Island Cut Light 10 (Light List, Vol. III no. 
35900) at St. Augustine Creek. All coordinates are based upon North 
American Datum 83 (NAD 83).
    (b) Definitions. The following definitions apply to 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, to 
regulate the movement of vessels within the RNA and restrict vessels 
and persons from entering the security zones.
    Slow speed means the speed at which a vessel proceeds when it is 
fully off plane, completely settled in the water and not creating 
excessive wake. Due to the different speeds at which vessels of 
different sizes and configurations may travel while in compliance with 
this definition, no specific speed is assigned to slow speed. In no 
instance should slow speed be interpreted as a speed less than that 
required to maintain steerageway. A vessel is not proceeding at slow 
speed if it is:
    (1) On a plane;
    (2) In the process of coming up onto or coming off a plane; or
    (3) Creating an excessive wake.
    (c) Regulations. (1) Security Zones. The regulations in this 
paragraph apply to the zones in paragraphs (a)(1) through (a)(4) of 
this section. Entry into or transiting within the security zones is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
Savannah, Georgia or that officer's designated representatives. Vessels 
moored, docked or anchored in 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 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.
    (2) Regulated Navigation Areas. The regulations in this paragraph 
apply to the areas in paragraph (a)(5) and (a)(6) of this section.
    (i) All vessels entering and transiting through the regulated 
navigation area shall proceed continuously and at a slow speed. In no 
instance should slow speed be interpreted as a speed less than that 
required to maintain steerageway. Nothing in this rule alleviates 
vessels or operators from complying with all state and local laws in 
the area.
    (ii) All vessels shall comply with orders from the Coast Guard 
Captain of the Port of Savannah or that officer's designated 
representatives, regulating their speed, course, direction and 
movements within the RNA. All vessels shall obtain the permission of 
the Captain of the Port prior to entering or transiting via VHF Channel 
16.
    (d) Effective period: This section is effective from 8 a.m. on June 
5, 2004, until 4 p.m. on June 11, 2004.

    Dated: March 30, 2004.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 04-7995 Filed 4-7-04; 8:45 am]
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