[Federal Register Volume 69, Number 101 (Tuesday, May 25, 2004)]
[Rules and Regulations]
[Pages 29656-29658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11886]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is establishing security zones, from June 5, 
2004, through June 11, 2004, for the G-8 Summit to be held in Sea 
Island, Georgia. These 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. This rule 
prohibits 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 baselines of Sea Island, St. Simons Island and Jekyll 
Island extending seaward to a distance of 3 nautical miles, as well as 
waters on the Hampton River, Jones Creek, Lanier Island, and St. Simons 
Sound. Additional security zones prohibit entering closer than 100-
yards to eight specified bridges located in the vicinity of these 
waters.

DATES: This rule is effective from 8 a.m. June 5, 2004, until 4 p.m. on 
June 11, 2004.

ADDRESSES: 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, are part of docket [COTP Savannah 04-041] and will be available 
for inspection or copying at Marine Safety Office Savannah, 100 W. 
Oglethorpe Ave., Suite 1017, Savannah, Georgia 31401, 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:

Regulatory Information

    On April 8, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled Security Zone, St. Simons Sound and the Atlantic Ocean, 
GA, in the Federal Register (69 FR 18794). We received 2 letters 
commenting on the proposed rule. No public meeting was requested, and 
none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. This rule is necessary to minimize 
danger and provide security for the public and participants of the G8 
Conference. Law enforcement officials require sufficient time to put 
security measures in place prior to the start of the conference on June 
8, 2004. Therefore, it is in the public interest to have these 
regulations effective less than 30-days after publication 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 G8 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 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 security zones 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 final rule, entitled ``Security 
Zones and Regulated Navigation Areas; Savannah River, GA,'' 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 Rule

    In our NPRM (69 FR 18794) we advised vessels transiting the 
Intracoastal waterway to exit and enter

[[Page 29657]]

at Altamaha Sound as an alternate route around the security zone. Due 
to shoaling in Altamaha Sound, published in Local Notice to Mariners 
(08/04), vessels should instead use Doboy Sound, 2 miles north, to exit 
and enter the Intracoastal waterway.

Discussion of Comments and Changes

    We received two letters offering comments on the proposed rule. One 
comment recommended using consistent language that prohibits the entry 
of all vessels and persons throughout the rule. We agree. As a result 
of this comment, language that prohibits the entry of all vessels and 
persons is now consistently used throughout this rule.
    The other letter requested advance permission to enter and transit 
the security zones, and commented that the regulation was overbroad 
because it shut down traffic on the Intracoastal waterway. Granting 
pre-approval to transit these security zones is impracticable because 
of the numerous unknown exigencies that may exist. Moreover, numerous 
alternatives do exist, including transiting offshore of the security 
zones, weather permitting, or delaying a voyage until after expiration 
of the security zones. Finally, although authorization to transit the 
security zone may not be provided in advance, requests for permission 
to transit the zone immediately may still be granted by the COTP 
Savannah. This approach provides COTP Savannah the flexibility to 
enforce this rule as threats and conditions dictate.
    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.
    We made one technical change in the text of the regulation. The 
references in (a)(1) and (a)(2) to the location coordinates being based 
on North American Datum 83 have been moved into a note for the entire 
paragraph (a).

Regulatory Evaluation

    This 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 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 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 rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This 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 portions of St. Simons Sound, the Intracoastal 
waterway and the Atlantic Ocean covered by this security zone. We 
received no comments from owners of such small entities. Therefore, 
owners are encouraged to contact the Captain of the Port to seek 
permission to transit these security zones.

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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule 
affects 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 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 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 rule would not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule would 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 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 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 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 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

[[Page 29658]]

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 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.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 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.


0
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 baseline 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 northwesterly to the south side of the Sidney 
Lanier bridge at 31[deg]06'48'' N, 081[deg]29'40'' W; thence continuing 
northeasterly to the northern tip of Lanier Island at 31[deg]11'06'' N, 
081[deg]25'17'' W; thence continuing northeasterly to the Hampton River 
at 31[deg]17'36'' N, 081[deg]20'33'' W; thence back to the original 
point.
    (2) Security zone, Bridges. All waters from surface to bottom 
within 100-yards of the following bridges:

------------------------------------------------------------------------
             Roadway                    Bridge            Located at
------------------------------------------------------------------------
(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.
------------------------------------------------------------------------


    Note to Sec.  165.T07-041(a): All coordinates are based upon 
North American Datum 83 (NAD 83).

    (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 
by vessels or persons is prohibited unless authorized by the Coast 
Guard Captain of the Port, Savannah, Georgia or that officer's 
designated representatives. Vessels docked, moored, or anchored in 
security zones when they become effective must remain in place unless 
ordered by or given permission from the COTP to do otherwise. Vessels 
or 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: May 17, 2004.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 04-11886 Filed 5-21-04; 12:12 pm]
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