[Federal Register Volume 63, Number 83 (Thursday, April 30, 1998)]
[Proposed Rules]
[Pages 23703-23706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11230]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Savannah 98-010]
RIN 2115-AA97
Safety Zones: Savannah River, Savannah, GA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish six (6) temporary safety
zones in the vicinity of the Savannah River and approaches during the
Americas' Sail marine event to be held from July 2-6, 1998. These
regulations are necessary to protect life and property on navigable
waters because of the danger associated with the large number of
expected participant and spectator craft within the narrow confines of
the navigation channel.
DATES: Comments must be received on or before June 1, 1998.
[[Page 23704]]
ADDRESSES: Comments may be mailed to the Captain of the Port Savannah,
222 West Oglethorpe Avenue, Suite 402, Savannah, Georgia 31401. The
comments will be available for inspection and copying at this location
between 9 a.m. and 3 p.m., Monday through Friday, except federal
holidays. Comments may also be hand delivered to this address.
FOR FURTHER INFORMATION CONTACT:
LT Burt Lahn, Marine Safety Office Savannah at Tel: (912) 652-4353,
between the hours of 0730 and 1600, Monday through Friday, except
holidays.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking [COTP Savannah-98-010] and the specific
section of this proposal to which each comment applies and give the
reason for each comment.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a public
hearing by writing to the address under ADDRESSES. The request should
include the reasons why a hearing would be beneficial. If the Coast
Guard determines that the opportunity for oral presentations will aid
this rulemaking, it will hold a public hearing at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
The events requiring these regulations will commence on July 2,
1998, when tall ships will begin arriving and anchoring in a pre-
designated staging area offshore of Tybee Island, Georgia. On July 3,
1998, the tall ships will proceed in a pre-designated order into the
Port of Savannah via the Savannah River, and will moor along the
Savannah waterfront. During the period from July 3 to July 5, 1998,
inport activities will be held, including a fireworks display on the
evening of July 4, 1998. On the morning of July 6, 1998, the vessels
will depart the port of Savannah, from up offshore, and the class A
vessels (those greater than 150 feet) will commence racing to Long
Island, new York.
Approximately 1,000 spectator craft are expected to participate in
the Americas' Sail festivities. The Coast Guard proposes to establish
the following six (6) safety zones at various times during the event:
(1) A one square mile pre-arrival staging area offshore of Tybee
Island, Georgia; (2) a safety zone from the entrance buoys, Savannah
River to the Talmadge Bridge extending a width of 300 feet around the
center of the channel for the inbound transit; (3) a safety zone from
the south bank of the Savannah River to the center of the Savannah
River Channel, from the Talmadge Bridge extending Eastward to position
32-04.45N, 081-04.45W; (4) a 300 foot safety zone around a fireworks
staging area located on Hutchinson Island, in an approximate position
of 32-05N, 081-05W; (5) a safety zone from the entrance buoys, Savannah
River to the Talmadge Bridge extending a width of 300 feet around the
center of the channel for the outbound transit, and; (6) a safety zone
northeast of Tybee Island, Georgia, for the pre-race staging and the
commencement of the offshore race.
The anticipated concentration of spectator and participant vessels
associated with this event poses safety and security concerns for the
safety and well being of the parading vessels and spectators. These
proposed regulations are intended to provide safety for the Americas'
Sail participants and ensure safe navigation on the Savannah River and
approaches by managing and controlling the traffic entering, exiting
and traveling within the Savannah River waters. These safety zones are
required to minimize the problems associated with large numbers of
small craft within the confines of the narrow navigation channel on the
Savannah River during the event.
The Coast Guard, assisted by State Law Enforcement patrol vessels,
will be 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. The following
safety zones are proposed:
(1) The safety zone for the offshore staging/anchorage area for the
tall ships will be in effect from 9 a.m. EDT on July 2, 1998, to 5 p.m.
on July 3, 1998, and will encompass an area bounded by 32-00N, 080-45W,
32-01N, 080-45W, 32-01N, 080-46W, and 32-00N, 080-46W. During this time
no vessel shall be allowed to enter this safety zone unless authorized
by the Captain of the Port.
(2) The safety zone to allow the parade of tall ships into the city
of Savannah will be in effect from 10 a.m. to 5 p.m. EDT on July 3,
1998, and will encompass the center 300 feet of the Savannah River
channel from the entrance of Bloody Point Range to the Talmadge Bridge.
Enforcement of this safety zone will allow spectator vessels adequate
room on each side of the navigation channel to transit or observe the
parade of ships. Vessels that cannot navigate outside of this safety
zone and desire to depart the port of Savannah on July 3, 1998, must
depart in time to clear the entrance to Tybee Island Range prior to 10
a.m. Vessels that cannot safely navigate outside of this safety zone
and desire to enter the port of Savannah on July 3, 1998, must commence
the inbound transit prior to 10 a.m. The Captain of the Port will allow
vessel traffic to resume inbound transits utilizing the entire
navigational channel when the last tall ship in the parade clears
Longitude 081-02W. Vessels using the Intra-Coastal Waterway (ICW) will
not be allowed to cross the Savannah River at the junction of Fields
Cut once the parade commences. Vessels will be allowed to resume
transiting the ICW once the last tall ship in the parade clears the
Savannah River and Fields Cut junction.
(3) The safety zone for the mooring of the vessels will be in
effect from 9 a.m. until 5 p.m. EDT on July 3, 1998. The safety zone
for the departure of the vessels will be in effect from 9 a.m. until 5
p.m. EDT on July 6, 1998. These zones will include all waters bounded
from the south bank of the Savannah River to the center of the Savannah
River Channel, from the Talmadge Bridge extending Eastward to position
32-04.45N, 081-04.45W. During these times no vessel shall be allowed to
enter these safety zones unless authorized by the Captain of the Port.
(4) The safety zone for the fireworks display will be in effect
from 9 p.m. to 11 p.m. EDT on July 4, 1998, and will encompass a 300
foot radius around the fireworks staging area located on Hutchinson
Island, in approximate position 32-05N, 081-05W. During this time no
vessel shall be allowed to enter this safety zone unless authorized by
the Captain of the Port.
(5) The safety zone to allow the parade of tall ships to depart the
city of Savannah will be in effect from approximately 9 a.m. to 5 p.m.
EDT on July 6, 1998, and will encompass the middle 300 feet of the
Savannah River channel from the Talmadge Bridge to the entrance of
Bloody Point Range. Vessels that cannot safely navigate outside of this
safety zone and desire to depart the port of Savannah on July 6, 1998,
would be required to begin the outbound transit in sufficient time to
clear the Savannah Riverfront area prior to 9 a.m. Enforcement of this
safety zone will allow spectator vessels adequate room on each side of
the navigation
[[Page 23705]]
channel to transit or observe the parade of ships. Vessels that cannot
safely navigate outside of the safety zone and desire to enter the port
of Savannah on July 6, 1998, would be required to clear the Savannah
Riverfront area prior to 9 a.m. If unable to clear the Savannah
Riverfront area by 9 a.m., these vessels would be required to start the
inbound transit entrance after 5 p.m. This time may be earlier if the
tall ships complete their outbound transit before 5 p.m. This time may
be earlier if the tall ships complete their outbound transit before 5
p.m. The Captain of the Port will allow vessel traffic to resume
outbound transits utilizing the entire navigational channel when the
last tall ship in the parade clears Longitude 080-51.00W. Vessels using
the ICW will not be allowed to cross the Savannah River at the junction
of Fields Cut once the lead tall ship in the parade approaches within
one (1) nautical mile of this area. Vessels will be allowed to resume
transiting the ICW once the last tall ship in the parade clears the
Savannah River and Fields Cut junction.
(6) The safety zone for the pre-race staging for the tall ships
will be in effect from 9 a.m. to 5 p.m. EDT on July 6, 1998, and will
encompass an area bounded by 32-00.19N, 080-44.07W, 31-59.35N, 080-
43.08W, 32-00.59N, 080-41.32W, and 32-01.43N, 080-44.28W. During this
time no vessel shall be allowed to enter this safety zone unless
authorized by the Captain of the Port.
The Captain of the Port will restrict vessel operations in the
above safety zones. No persons or vessels will be allowed to enter or
operate within the zones, except as may be authorized by the Captain of
the Port, Savannah, Georgia. These regulations are issued pursuant to
33 U.S.C. 1231, as set out in the authority citation of Part 165.
Regulatory Evaluation
This temporary rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 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 exempted it from
review 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 rule to be so minimal that a full Regulatory Evaluation
under paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. These regulations will only be in effect for a short
periord of time, and the impacts on routine navigation are expected to
be minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposed rule will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their field, and government jurisdictions with populations
of less than 50,000.
Therefore, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this proposed
rule will not have a significant economic impact upon a substantial
number of small entities because the regulations will only be in effect
in limited areas for a total of four days. If, however, you think that
your business or organization qualifies as a small entity and that this
proposed rule will have a significant economic impact on your business
or organization, please submit a comment (see ADDRESSES) explaining why
you think it qualifies and in what way and to what degree this proposed
rule will economically affect it.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612 and it has been determined
that this temporary rule does not have sufficient Federalism
implications to warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
action and has determined pursuant to section 2.B.2.a (CE# (34(g)) of
Commandant Instruction M16475.1C that this action is categorically
excluded from further environmental documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Safety measures, Waterways.
Proposed Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend Subpart C of Part 165 of Title 33, Code of Federal Regulations,
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 section 165.T07-010 is added to read as follows:
Sec. 165.T07-010 Safety Zones; Savannah River and Approaches,
Savannah, GA.
(a) Locations. The following areas are safety zones (all
coordinates reference Datum: NAD 83):
(1) From 9 a.m. EDT on July 2, 1998, to 5 p.m. EDT on July 3, 1998,
an area bounded by 32-00N, 080-45W, 32-01N, 080-45W, 32-01N, 080-46W,
and 32-00N, 080-46W. During this time no vessel shall be allowed to
enter this safety zone unless authorized by the Captain of the Port.
(2) From 10 a.m. to 5 p.m. EDT on July 3, 1998, the center 300 feet
of the Savannah River navigational channel from the entrance of Bloody
Point Range to the Talmadge Bridge. Vessels that cannot safely navigate
outside of this safety zone and desire to depart the port of Savannah
on July 3, 1998, will be required to begin the outbound transit in
sufficient time to clear the entrance to Tybee Island Range prior to 10
a.m. Vessels that cannot safely navigate outside of this safety zone
and desire to enter the port of Savannah on July 3, 1998, would be
required to commence the inbound transit prior to 10 a.m. The Captain
of the Port will allow vessel traffic to resume inbound transits
utilizing the entire navigational channel when the last tall ship in
the parade clears longitude 081-02W. Vessels using the ICW will not be
allowed to cross the Savannah River at the junction of the Fields Cut
once the parade commences. Vessels will be allowed to resume transiting
the ICW once the last tall ship in the parade clears the Savannah River
and Fields Cut junction.
(3) From 9 a.m. until 5 p.m. EDT on July 3, 1998, and from 9 a.m.
until 5 p.m. EDT on July 6, 1998, all waters bounded by the south bank
of the Savannah River to the center of the Savannah River Channel, from
the Talmadge Bridge to position 32-04.45, 081-04.45W. During these
times no vessel shall be allowed to enter these safety zones unless
authorized by the Captain of the Port.
(4) From 9 p.m. to 11 p.m. EDT on July 4, 1998, a 300 foot radius
around a fireworks staging area in approximate position 32-05N, 081-
05W. During this
[[Page 23706]]
time no vessel shall be allowed to enter this safety zone unless
authorized by the Captain of the Port.
(5) From 9 a.m. to 5 p.m. EDT on July 6, 1998, the center 300 feet
of the Savannah River channel from the Talmadge Bridge to the entrance
of Bloody Point Range. Vessels that cannot safely navigate outside of
this safety zone and desire to depart the port of Savannah on July 6,
1998, would be required to begin the outbound transit in sufficient
time to clear the Savannah Riverfront area prior to 9 a.m. Vessels that
cannot safely navigate outside of this safety zone and desire to enter
the port of Savannah on July 6, 1998, would be required to clear the
Savannah Riverfront area prior to 9 a.m. If unable to clear the
Savannah Riverfront area by 9 a.m., these vessels would be required to
start the inbound transit after 5 p.m. The Captain of the Port will
allow vessel traffic to resume outbound transits utilizing the entire
navigational channel when the last tall ship in the parade clears
longitude 080-51W. Vessels using the ICW will not be allowed to cross
the Savannah River at the junction of the Fields Cut once the parade
approaches within one (1) nautical mile of this area. Vessels will be
allowed to resume transiting the ICW once the last tall ship in the
parade clears the Savannah River and Fields Cut junction.
(6) From 9 a.m. to 5 p.m. EDT on July 6, 1998, an area bounded by
32-00.19N, 080-44.07W, 31-59.35N, 080-43.08W, 32-00.59N, 080-41.32W,
and 32-01.43N, 080-42.28W. During this time no vessel shall be allowed
to enter this safety zone unless authorized by the Captain of the Port.
Note: The regulations specified in paragraphs (a)(1) and (a)(6)
apply only within the navigable waters of the United States. In the
waters within the offshore staging area and pre-race staging area
that are outside the navigable waters of the United States, the
following nonobligatory guidelines apply.
(i) All unaffiliated Americas' Sail vessels should remain clear of
the staging area and pre-race staging area and avoid interfering with
any Americas' Sail participant or Coast Guard vessel. Interference with
anchoring or race activities may constitute a safety hazard warranting
cancellation or termination of all or part of the Americas' Sail
activities by the Captain of the Port.
(ii) Any unauthorized entry into these zones 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.
(b) Regulations. In accordance with the general regulations in
Section 165.23 of this part, entry into these safety zones is subject
to the following requirements:
(1) These safety zones are closed to all non-participating vessels,
except as may be permitted by the Captain of the Port or a
representative of the Captain of the Port.
(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. The
representative of the Captain of the Port will be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
(3) Non-participating 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.
Vessel operators may determine the restrictions in effect for the
safety zone by coming alongside a Coast Guard vessel patrolling the
perimeter of the safety zone.
(5) The Captain of the Port Savannah will issue a Marine Safety
Information Broadcast Notice to Mariners to notify the maritime
community of the safety zones and restrictions imposed.
(c) Dates. This section is effective at 9 a.m. Eastern Daylight
Time (EDT) on July 2, 1998, and terminates at 5 p.m. EDT on July 6,
1998, unless sooner terminated by the Captain of the Port.
Dated: April 15, 1998.
R.E. Seebald,
Commander, U.S. Coast Guard, Captain of the Port, Savannah, Georgia.
[FR Doc. 98-11230 Filed 4-29-98; 8:45 am]
BILLING CODE 4910-15-M
