[Federal Register Volume 69, Number 101 (Tuesday, May 25, 2004)]
[Rules and Regulations]
[Pages 29653-29656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11887]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Savannah-04-040]
RIN 1625-AA00, AA11


Security Zones and Regulated Navigation Area; Savannah River, GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 
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. These temporary security zones prohibit the entry of all 
vessels and persons into all waters of the Savannah River from Port 
Wentworth south, including the Back River, the Elba Island South 
Channel, and the Intracoastal Waterway Alternate Route in the vicinity 
of St. Augustine Creek, to the boundary of the 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 
temporary regulated navigation area controls 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: This rule is effective from 8 a.m. on June 5, 2004 until 4 p.m. 
on June 11, 2004.

ADDRESSES: 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 04-040] and are 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 Zones and Regulated Navigation Areas; Savannah 
River, GA in the Federal Register (69 FR 18797). We received one letter 
commenting on the proposed rule. No public hearing 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 needed 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. Law enforcement 
officials require sufficient time to put security measures in place for 
the start of the G-8 summit on June 8th. 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

[[Page 29654]]

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 security threat to the public, the G-8 Summit 
and its participants, and the flow of commerce on the navigable 
waterways.
    The temporary security zones and temporary regulated navigation 
area (RNA) are necessary to mitigate these threats and 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.
    The temporary security zones and temporary regulated navigation 
area are being established to mitigate these threats and are necessary 
to protect the public, 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.
    Please note that elsewhere in today's Federal Register, we have 
published another final rule, entitled ``Security Zone, St. Simons 
Sound and the Atlantic Ocean, 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 Comments and Changes

    We received one letter offering support of the rule and the 
increased security and protection that it provides. The Coast Guard 
agrees with this comment and no changes to the final rule were made.

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. Although the security zone applies to a large 
section of the Savannah River, traffic will be allowed to pass through 
the zone with the permission of the Captain of the Port of Savannah or 
his designated representatives. Before the effective period, we will 
issue maritime advisories widely available to users of the river.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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 will 
not have a significant economic impact on a substantial number of small 
entities. We did not receive any comments from small entities or other 
information following our (NPRM) on April 8, 2004 (69 FR 18797) stating 
that this rule would have a significant economic impact on them.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding this rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
businesses may send comments on the actions of Federal employees who 
enforce, or otherwise determine compliance with, federal regulations to 
the Small Business and Agriculture Regulatory Enforcement Ombudsman and 
the Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to small business. If you wish to comment on the actions by employees 
of the Coast Guard, call 1-800-REG-FAIR (1-888-734-3247).

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

Taking of Private Property

    This 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 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 economically significant and does not create environmental risks 
to health or risks 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.

[[Page 29655]]

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 of Information and 
Regulatory Affairs has not designated them as a significant energy 
action. Therefore, they do not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed these rules 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, these rules are 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 
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; 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.


0
2. From 8 a.m. on June 5, 2004, until 4 p.m. on June 11, 2004 add a new 
temporary Sec.  165.T07-040 to read as follows:


Sec.  165.T07-040  Temporary Security Zones and Temporary Regulated 
Navigation Area, 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 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]0'40'' 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 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 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. 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; Intracoastal Waterway Fields Cut, 
Savannah River, and St. Augustine Creek. 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 south and west to 
the Savannah River, and including all waters of the Savannah River in 
the vicinity of Lower Flats Range, from shore to shore and surface to 
bottom, southeast of 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 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, 
and continuing south and west and including all waters of Elba Island 
Cut and the Intracoastal waterway, from shore to shore and surface to 
bottom, 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 paragraph (a)(1) through (a)(4) of this section. Entry into or 
remaining 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 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. 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 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 Area. The regulations in this paragraph 
apply to the area in paragraph (a)(5) of this section.

[[Page 29656]]

    (i) All vessels and persons 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 and persons 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 and persons shall obtain the permission of the Captain 
of the Port or that officer's designated representatives 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: May 17, 2004.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 04-11887 Filed 5-21-04; 12:12 pm]
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