Safety/Security Zone Regulations; Savannah, GA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07-95-062]

RIN 2115-AA97

Safety/Security Zone Regulations; Savannah, GA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish five safety/security

zones and two safety zones to protect life, property, and the

environment in the Savannah River and Wassaw Sound in preparation for,

and during the 1996 Olympic Sailing Competition.

The anticipated concentration of spectator and participant vessels

associated with these races pose safety and security concerns for the

well-being of the Olympic participants and spectators. The proposed

regulations are intended to provide security for the Olympic

participants and to promote safe navigation on the waters in the

vicinity of the Olympic activities, as detailed in the following text,

by controlling the traffic entering, exiting and traveling within these

waters, and are necessary to minimize the problems associated with

crowded conditions in the area during the Olympic event.

DATES: Comments must be received on or before March 4, 1996.

ADDRESSES: Comments may be mailed to the Captain of the Port Savannah,

P.O. Box 8191, Marine Safety Office, Savannah, Georgia, 31412-8191. The

comments will be available for inspection and copying at 222 W.

Oglethorpe Avenue, Suite 402, Savannah, Georgia between 9 a.m. and 3

p.m., Monday through Friday, except federal holidays. Comments may also

be hand delivered to this address. A copy of the draft environmental

assessment is available from CEU Miami, 909 S.E. 1st Ave., Miami,

Florida 33131. The draft environmental assessment is available for

inspection and copying at Coast Guard Marine Safety Office Savannah,

222 W. Oglethorpe Avenue, Suite 402, Savannah, Georgia between 9 a.m.

and 3 p.m., Monday through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT:

LT J. A. Simmerman, Marine Safety Office, Savannah at (912) 652-4353,

between the hours of 7:30 a.m. and 4 p.m., Monday through Friday,

except holidays.

SUPPLEMENTARY INFORMATION: The Coast Guard encourages interested

persons to participate in this rulemaking by submitting written views,

data, or arguments. Persons submitting comments should include their

names, addresses, identify the notice (CGD07-95-062) and the specific

section of this proposal to which their comments apply, and give

reasons for each comment. The Coast Guard will consider all comments

received during the comment period. The regulations may be changed in

view of the comments received. All comments received before the

expiration of the comment period will be considered before final action

is taken on this proposal.

No public hearing is planned, but one may be held if the written

requests for a hearing are received, and it is determined that the

opportunity to make oral presentations will add to the rulemaking

process.

Drafting Information

The drafters of this document are LT J.A. Simmerman, Project

Officer for the Captain of the Port, Savannah, Georgia, and LTJG J.

Diaz, Project Attorney, Seventh Coast Guard District Legal Office.

Discussion of Proposed Regulations

Approximately 1,000 to 5,000 spectator vessels are expected to

arrive and participate in the festivities of the 1996 Olympic sailing

competition. The anticipated concentration of spectator and participant

vessels associated with these races poses safety and security concerns

for the well-being of the Olympic participants and spectators, which is

addressed in these proposed regulations.

The Coast Guard proposes to establish five safety/security zones

and two safety zones to provide for the safety and security of the

Olympic participants and spectators. These regulations are intended to

promote safe navigation on the waters in the vicinity of Olympic

activities, as detailed in the following text, by controlling the

traffic entering,

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exiting and traveling within these waters.

There will be Coast Guard and State Law Enforcement patrol vessels

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. These regulations

would be issued pursuant to 33 U.S.C. 1231, 50 U.S.C. 191, as set out

in the authority citation of all of Part 165. The effective dates of

these regulations would be from July 2, 1996 until August 5, 1996.

Five safety/security zones would be established in the following

areas: (1) Savannah River (Olympic Village area), all the waters around

the Marriott Hotel Olympic Village; (2) Wilmington River and Turners

Creek area (Olympic Marina area); (3) Wilmington River and Wassaw

Sound, moving safety/security zones placed 75 yards around all Olympic

Athlete shuttle vessels, with athletes onboard, while transiting in the

Wilmington River and Wassaw Sound area; (4) Bull River and/or Tybee

Cut; the entrance and exit of Tybee Cut will be closed during foul/

heavy weather to allow for athlete shuttles to transit the area; (5)

and the Atlantic Ocean and Wassaw Sound offshore racing areas, which

includes the area from Myrtle Island until the Wilmington River and the

area from Wilmington Island until the junction of the Half Moon and

Bull Rivers.

The proposed regulations for the offshore racing areas (as defined

in proposed new section 165.T07-062(a)(5)) will be enforced for that

portion of the race venue which is located within the navigable waters

of the United States to minimize navigational dangers and to ensure the

safety of vessels in the area of the Olympic venue. Non-obligatory

guidelines are included for that portion of the venue which falls

outside the navigable waters of the United States. Entry into this

safety/security zone will be prohibited without permission of the

Captain of the Port.

The Coast Guard also proposes to establish a moving safety zone for

the vessel which will carry the Olympic torch to the Savannah

waterfront, prior to the commencement of the 1996 Olympic Games. The

zone will commence in the Savannah River in the vicinity of Coast Guard

Station Tybee and continue west up river to the Highway 17 bridge. The

safety zone is needed for the protection of the vessel carrying the

Olympic torch. The zone will restrict vessel operations in the safety

zone.

Finally, the Coast Guard proposes to establish a safety zone for a

fireworks display in connection with Olympic festivities, on the

Savannah River in the vicinity of Rousakis Plaza. The safety zone is

needed to protect vessels, facilities, and personnel from safety

hazards associated with the storage, preparation, and launching of

fireworks. The zone will restrict vessel operations in the safety zone.

All safety/security and safety zones will contain protective and

mitigating measures to minimize potential impacts on Protected and/or

Endangered Species: Florida Manatee, Sea Turtles and Bottlenose

Dolphin.

All vessels which fail to comply with these regulations while

operating within the regulated areas during the regulatory periods are

subject to the penalties in 33 U.S.C. 1232.

Federalism

This proposed action has been analyzed in accordance with the

principles and criteria contained in Executive Order 12612, and it has

been determined that the proposed rulemaking does not have sufficient

federalism implications to warrant the preparation of a Federalism

Assessment.

Environmental Assessment

This proposal has been included in the draft environmental

assessment prepared to cover all of the Olympic activities. A

preliminary finding of no significant environmental impact has been

made based on the draft environmental assessment. A copy of the draft

environmental assessment is available where stated in the ADDRESSES

section.

Regulatory Evaluation

These proposed regulations are not a significant regulatory action

under section 3(f) of Executive Order 12866 and do not require an

assessment of potential costs and benefits under section 6(a)(3) of

that order. It has been exempted from review by the Office of

Management and Budget 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 proposal to be so minimal that a full

Regulatory Evaluation under paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

Since the impact of this proposal is expected to be minimal, the

Coast Guard certifies that, if adopted, it will not have a significant

economic impact on a substantial number of small entities.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and

recordkeeping requirements, Security measures, Waterways.

Proposed Regulations

In consideration of the foregoing, Subpart C of Part 165 of Title

33, Code of Federal Regulations is proposed to be amended 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.T07-062 is added to read as follows:

Sec. 165.T07-062 Safety/security zones: Savannah River, Wilmington

River and Turners Creek, Bull River, and Wassaw Sound, GA.

(a) Safety/security zones. The following areas are safety/security

zones:

(1) Marriott Hotel/Olympic Village. In the vicinity of the Marriott

Hotel, in position 32 deg.04'45'' N, 081 deg.05'52'' W, with the

following boundaries:

West Boundaries

32 deg.04'56'' N, 081 deg.05'05'' W; to

32 deg.04'50'' N, 081 deg.05'08'' W

East Boundaries

32 deg.04'50'' N, 081 deg.04'33'' W; to

32 deg.04'40'' N, 081 deg.04'34'' W

This zone includes all waters within the above noted area in the

Savannah River from the shore to shore. This zone will be extended 500

yards to the west, and 500 yards to the east, from the Marriott Hotel

for opening and closing ceremonies and for award ceremonies.

Datum: NAD 83

(2) Olympic Marina; Wilmington River and Turners Creek. The safety/

security zone begins in the Wilmington River at position:

32 deg.00'45'' N, 081 deg.00'24'' W; then south to 31 deg.59'53'' N,

081 deg.00'11'' W; then northeast to 31 deg.00'29'' N, 080 deg.59'17''

W

The zone extends approximately 300 yards towards the center of the

Wilmington River from it's eastern bank. Included is a portion of

Turners Creek extending east from its entrance at the Wilmington River.

Datum: NAD 83

(3) Wilmington River and Wassaw Sound. A moving safety/security

zone will be established in all waters within a 75 yard radius around

all Olympic

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Athlete shuttle vessels transporting Olympic athletes, and transiting

to and from the Olympic Marine (Sheraton Hotel) and the Day Marina

(Beach Hammock) via either Tybee Cut or the Wilmington River.

Datum: NAD 83

(4)(i) Bull River. This safety/security zone closes the Southern

entrance to the Bull River at:

31 deg.57'24'' N, 080 deg.56'41'' W; east to 31 deg.57'24'' N,

080 deg.55'53'' W

(ii) Bull River (Adverse weather alternative). This safety/security

zone closes Tybee Cut:

31 deg.57'53'' N, 080 deg.56'29'' W; southwest to 31 deg.57'05'' N,

080 deg.59'06'' W

This zone includes all of Tybee Cut within the closed area.

Datum: NAD 83

(5) Atlantic Ocean and Wassaw Sound. (i) The following area is a

safety/security zone: From Olympic Security Zone Daybeacon ``BR'' in

position:

31 deg.57'32'' N, 080 deg.56'31'' W; east to Olympic Security Zone

Daybeacon ``A'' in position:

31 deg.58'00'' N, 080 deg.50'48'' W; southeast to Olympic Security Zone

Daybeacon ``AA'' in position:

31 deg.57'45'' N, 080 deg.50'08'' W; southeast to Olympic Security Zone

Light ``B'' in approximate position:

31 deg.57'27'' N, 080 deg.49'21'' W; south to Olympic Security Zone

Lighted Buoy ``C'' in approximate position:

31 deg.56'21'' N, 080 deg.48'48'' W; southwest to Olympic Security Zone

Lighted Buoy ``CC'' in approximate position:

31 deg.55'34'' N, 080 deg.49'11'' W; southwest to Olympic Security Zone

Lighted Buoy ``D'' in approximate position:

31 deg.54'45'' N, 080 deg.49'34'' W; southwest to Olympic Security Zone

Lighted Buoy ``DD'' in approximate position:

31 deg.53'58'' N, 080 deg.49'55'' W; southwest to Olympic Security Zone

Lighted Buoy ``E'' in approximate position:

31 deg.53'09'' N, 080 deg.50'19'' W; west to Olympic Security Zone

Lighted Buoy ``F'' in approximate position:

31 deg.52'45'' N, 080 deg.52'00'' W; northwest to Olympic Security Zone

Daybeacon ``G'' in position:

31 deg.53'06'' N, 080 deg.52'30'' W; northwest to Olympic Security Zone

Light ``H'' in approximate position:

31 deg.53'36'' N, 080 deg.53'15'' W; northwest to Olympic Security Zone

Lighted Buoy ``I'' in approximate position:

31 deg.54'32'' N, 080 deg.54'27'' W; northwest to Olympic Security Zone

Lighted Buoy ``J'' in approximate position:

31 deg.54'48'' N, 080 deg.54'55'' W; west to Olympic Security Zone

Lighted Buoy ``K'' in approximate position:

31 deg.55'02'' N, 080 deg.56'20'' W; then a curved line following the

outer edge of Race Course Circle A to Cabbage Patch Island Daybeacon

``20'' in position:

31 deg.56'11'' N, 080 deg.58'14'' W

(ii) In Wassaw Sound from the southern tip of Wilmington Island at

the junction of the Half Moon and Bull Rivers at position:

31 deg.57'56'' N, 080 deg.56'25'' W; southeast to 31 deg.57'33'' N,

080 deg.55'55'' W

Datum: NAD 83

(b) Definitions--Captain of the Port means the Captain of the Port

designated by the Commander, Seventh Coast Guard District. The Captain

of the Port has the authority to control the movement of all vessels

operating in the regulated areas and may suspend the races at any time

it is deemed necessary for the protection of life and property.

Note: The Captain of the Port may be contacted during the

regulatory periods on VHF/FM Channel 16 (156.8 MHZ) or Channel 22

(157.1 MHZ) by calling ``Coast Guard Captain of the Port'' or

``Coast Guard Marine Safety Office Savannah''.

Competition Vessels means any vessel approved and designated by

Atlanta Committee for the Olympic Games (ACOG) for participation in

sanctioned racing.

Official Vessels means all U.S. Coast Guard, U.S. Coast Guard

Auxiliary, state and local law enforcement vessels, and civilian

vessels designated by the Coast Guard Captain of the Port.

Participant means any competition vessel or vessel directly

supporting competition that is registered with ACOG while in

performance of its official function relative to a given race.

Unaffiliated vessels means all vessels that are not registered with

ACOG or designated as an Official Vessel by the Coast Guard Captain of

the Port are unaffiliated vessels.

(c) Effective dates.

(1) Marriott Hotel/Olympic Village. The safety/security zone will

become effective at 8 a.m. EDT July 2, 1996, and terminates at 12:30

p.m. EDT August 5, 1996.

(2) Olympic Marina; Wilmington River and Turners Creek. This

safety/security zone becomes effective at 8 a.m. EDT July 2, 1996, and

terminates at 12:30 p.m. EDT August 5, 1996.

(3) Wilmington River and Wassaw Sound. These safety/security zones

will become effective at 8 a.m. EDT July 2, 1996, and terminates at

7:30 p.m. EDT August 2, 1996.

(4) Bull River. This safety/security zone will be effective between

9 a.m. and 7 p.m. EDT daily from July 2, 1996 through August 2, 1996.

(5) Atlantic Ocean and Wassaw Sound. The following regulations are

in effect between the hours of 10 a.m. and 7 p.m. commencing July 19,

1996 to August 2, 1996, each race date on those waters within the

Olympic offshore race venue which fall within the navigable waters of

the United States, i.e., those waters within three nautical miles of

the baseline from which the territorial sea is measured. This section

will not be in effect on those race dates when the races are postponed

or canceled. Announcement to that effect will be made by Broadcast

Notice to Mariners.

(i) Unaffiliated vessels shall remain outside the course perimeter,

as marked by the ACOG vessels and Official Vessels.

(ii) All vessels shall follow the instructions of any Coast Guard,

Coast Guard Auxiliary or state law enforcement vessels.

Note: The regulations specified in paragraph (5) apply only

within the navigable waters of the United States. In all waters

within the Olympic Offshore race venue which fall outside the

navigable waters of the United States, during the specified dates

and times, the following non-obligatory guidelines apply:

(A) All unaffiliated vessels should remain clear of the race venue

and avoid interfering with any participant, ACOG or Official Vessel.

Interference with race activities may constitute a safety hazard

warranting cancellation or termination of all or part of the race

activities by the Captain of the Port.

(B) Any unauthorized entry within the race course perimeter, as

marked by ACOG and Official Vessels, 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.

(d) Environmental Protection Measures. In all waters within these

safety/security zones, mariners shall take the protective and

mitigating action described to below to minimize potential impacts on

the listed endangered and/or protected species. In addition, detailed

conditions will be included in the Coast Guard Permit authorizing the

1996 Olympic Yachting Events.

(1) The Florida Manatee or Sea Cow is a Federally Endangered

species occurring in Georgia and South Carolina waters in the summer

months.

(i) Mariners shall watch for manatees and use slow speeds in

shallow waters.

(ii) Mariners shall observe all manatee speed zones and caution

areas.

(iii) If mariners see or their vessel hits a manatee, mariners

shall immediately

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notify Olympic officials and call the Georgia Department of Natural

Resources (from 8 a.m. to 4:30 p.m., call 1-800-272-8363; after hours,

call 1-800-241-4113), or the South Carolina Department of Natural

Resources (1-800-922-5431). Reports regarding manatee sightings shall

include: time of sighting, location, date, number of individual

manatee, and a description of manatee activity.

(2) Sea Turtles such as Loggerhead sea turtle (Caretta caretta),

Green sea turtle (Chelonia mydas), Leatherback sea turtle (Dermochelys

coriacea), Hawksbill sea turtle (Eretmochelys imbricate) and Kemp's

Ridley sea turtle (Lepidochelys kempi) are federally endangered species

and occur in the vicinity during the period of the Olympic events. If a

Sea Turtle is sighted in or within 100 yards of the Atlantic Ocean and

Wassaw Sound offshore racing areas, mariners must take whatever steps

are necessary to avoid collision with the turtles, including stopping

the race immediately if a sea turtle strays onto or dangerously near

the course.

(3) Bottlenose Dolphin (porpoise) are protected under the Marine

Mammal Protection Act of 1972. These mammals shall be observed only at

a distance. They must not be fed or harmed in any way.

(e) Regulations. In accordance with the general regulations in

Section 165.33 of this part, entry into the zone is subject to the

following requirements:

(1) Entry into these safety/security zones is prohibited unless

authorized by the Caption of the Port or his representative.

(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 regardless

of the support platform.

(3) Vessel operators desiring to enter or operate within the

safety/security zones 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 zones 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/security zones may be contacted on VHF-FM

channels 16 or 81, or vessel operators may determine the restrictions

in effect for the safety/security zones by coming alongside a vessel

patrolling the perimeter of the safety zone.

(5) The Captain of the Port will issue a Marine Safety Information

Broadcast Notice to Mariners to notify the maritime community of the

safety/security zones and restrictions imposed.

3. A new Sec. 165.T07-077 is added to read as follows:

Sec. 165.T07-077 Safety Zone: Savannah River, Savannah, GA.

(a) Location. The following area is a moving safety zone: All

waters within a 200 yards radius around the vessel that will carry the

Olympic torch to the Savannah waterfront. The zone will commence on the

Savannah River approximate position of 32 deg. 02'.10 N, 80 deg. 54'.16

W in the vicinity of Coast Guard Station Tybee and ending at an

approximate position 32 deg.05'.13 N, 81 deg.05'.47 West at the Highway

17 bridge.

(b) Effective dates. This section is effective at 8 a.m. EDT and

expires at 9 p.m. EDT on July 10, 1996, unless sooner terminated by the

Captain of the Port, Savannah, GA.

(c) Regulations.

In accordance with the general regulations in Section 165.23 of

this part, entry into the zone is subject to the following

requirements:

(1) This safety zone is closed to all marine traffic, except as may

be permitted by the Captain of the Port or his representative.

(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 regardless

of the support platform.

(3) 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 channels 16

or 81, or vessel operators may determine the restrictions in effect for

the safety zone by coming alongside a vessel patrolling the perimeter

of the safety zone.

(5) The Captain of the Port will issue a Marine Safety Information

Broadcast Notice to Mariners to notify the maritime community of the

safety zone and restrictions imposed.

4. A new Sec. 165.T07-078 is added to read as follows:

Sec. 165.T07-078 Safety Zone: Savannah River, Savannah, GA.

(a) Location. The following area is a safety zone: All waters

within a 50 yards radius around a fireworks barge in the vicinity of

Rousakis Plaza, Savannah River, Savannah, GA at an approximate position

of 32 deg. 04' .55 N, 81 deg. 05' .27 W.

(b) Effective dates. This section is effective at 10 p.m. EDT and

expires at 11 p.m. EDT on July 4, 1996, unless sooner terminated by the

Captain of the Port, Savannah, GA.

(c) Regulations.

In accordance with the general regulations in Section 165.23 of

this part, entry into the zone is subject to the following

requirements:

(1) This safety zone is closed to all marine traffic, except as may

be permitted by the Captain of the Port or his representative.

(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 regardless

of the support platform.

(3) 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 channels 16

or 81, vessel operators may determine the restrictions in effect for

the safety zone by coming alongside a vessel patrolling the perimeter

of the safety zone.

(5) The Captain of the Port will issue a Marine Safety Information

Broadcast Notice to Mariners to notify the maritime community of the

safety zone and restrictions imposed.

Dated: December 20, 1995.

Roger T. Rufe, Jr.,

Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.

[FR Doc. 96-47 Filed 1-2-96; 8:45 am]

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