Federal Register / Vol. 69, No. 101 / Tuesday, May 25, 2004 / Rules and Regulations 29653

DEPARTMENT OF TRANSPORTATION Issued in Kansas City, MO, on May 13, FOR FURTHER INFORMATION CONTACT: 2004. LTJG Anthony Quirino, Coast Guard Federal Aviation Administration Paul J. Sheridan, Marine Safety Office Savannah, (912) Acting Manager, Air Traffic Division, Central 652–4353, ext 235. 14 CFR Part 71 Region. SUPPLEMENTARY INFORMATION: [FR Doc. 04–11787 Filed 5–24–04; 8:45 am] [Docket No. FA–2004–17427; Airspace Regulatory Information Docket No. 04–ACE–27] BILLING CODE 4910–13–M On April 8, 2004, we published a Modification of Class E Airspace; notice of proposed rulemaking (NPRM) entitled Security Zones and Regulated Oshkosh, NE DEPARTMENT OF HOMELAND Navigation Areas; Savannah River, GA SECURITY AGENCY: Federal Aviation in the Federal Register (69 FR 18797). Administration (FAA), DOT. Coast Guard We received one letter commenting on ACTION: Direct final rule; request for the proposed rule. No public hearing comments; correction. 33 CFR Part 165 was requested, and none was held. Under 5 U.S.C. 553(d)(3), the Coast SUMMARY: This action corrects a direct [COTP Savannah–04–040] Guard finds that good cause exists for final rule; request for comments that making this rule effective less than 30 was publised in the Federal Register on RIN 1625–AA00, AA11 days after publication in the Federal Tuesday, May 11, 2004, (69 FR 26029) Register. This rule is needed to provide Security Zones and Regulated [FR Doc. 04–10636]. It corrects an error for the security of the public, the G–8 Navigation Area; Savannah River, GA in the legal description. Summit and its participants, and the DATES: This direct final rule is effective AGENCY: Coast Guard, DHS. safety of the waterways due to the potential for hostile and violent acts on 0901 UTC, August 5, 2004. ACTION: Temporary final rule. from demonstrators protesting the G–8. FOR FURTHER INFORMATION CONTACT: Law enforcement officials require Brenda Mumper, Air Traffic Division, SUMMARY: The Coast Guard is sufficient time to put security measures Airspace Branch, ACE–520A, DOT establishing temporary security zones in place for the start of the G–8 summit Regional Headquarters Building, Federal and a temporary regulated navigation on June 8th. Therefore, it is in the Aviation Administration, 901 Locust, area, from June 5, 2004, through June public interest to have these regulations Kansas City, MO 64106; telephone: 11, 2004, for the G–8 Summit to be held effective less than 30 days after (816) 329–2524. in Sea Island, Georgia. These rules are required to provide for the security of publication in the Federal Register. SUPPLEMENTARY INFORMATION: the public, the G–8 Summit and its Background and Purpose History participants, and the safety of the The G8 (Group of 8) is an informal Federal Register document 04–10636, waterways due to the potential for hostile and violent acts from group of eight countries—Canada, published on Tuesday, May 11, 2004, France, Germany, Italy, Japan, Russia, (69 FR 26029) modified Class E airspace demonstrators protesting the G–8. These temporary security zones prohibit the the United Kingdom and the United areas at Oshkosh, NE. The modification States—whose leaders meet to discuss entry of all vessels and persons into all corrected discrepancies in the broad economic and foreign policies. waters of the Savannah River from Port dimensions controlled airspace for The 30th G8 summit will be held in Sea Wentworth south, including the Back diverse departures from Garden County Island, Georgia, from June 8 through River, the Elba Island South Channel, Airport, expanded the area by .5 mile, June 10, 2004. corrected errors in the location of the and the Intracoastal Waterway Alternate Cities that have recently hosted Oshkosh, NE nondirectional radio Route in the vicinity of St. Augustine conferences or summits similar to the beacon used in the legal description, Creek, to the boundary of the temporary G–8 Summit have experienced redefined the extension to the airspace regulated navigation area that is located significant property damage, and their area and brought the legal description of in the vicinity of the south east tip of law enforcement officers and public the Oshkosh, NE Class E airspace area Elba Island at the western portion of the citizens have sustained personal injuries into compliance with FAA Order Lower Flats Range. The temporary from a segment of protestors engaged in 7400.2E, Procedures for Handling regulated navigation area controls the violent demonstrations against those Airspace Matters. However, the line in movement of all vessels operating on summits and their agendas. Examples the legal description identifying the the Intracoastal Waterway in the include the September 2003 World airport was not in the correct format. vicinity of Fields Cut and south through Trade Organization (WTO) Ministerial Elba Island Cut to St. Augustine Creek. I Accordingly, pursuant to the authority in Cancun, Mexico; the 2003 G–8 delegated to me, the legal description of DATES: This rule is effective from 8 a.m. Summit in Calgary, Canada, the 2001 G– Oshkosh, NE Class E airspace, as on June 5, 2004 until 4 p.m. on June 11, 8 Summit in Genoa, Italy; and the 1999 publised in the Federal Register on 2004. World Trade Organization in Seattle, Tuesday, May 11, 2004, (69 FR 26029) ADDRESSES: Comments and material Washington. These conferences and [FR Doc. 04–10636] is corrected as received from the public, as well as summits experienced an influx of follows: documents indicated in this preamble as protestors, and in particular protest being available in the docket, are part of groups opposing international trade PART 71—[AMENDED] docket [COTP Savannah 04–040] and who have a propensity for violence and are available for inspection or copying a desire to engage in hostile acts against, § 71.1 [Corrected] at Marine Safety Office Savannah, 100 among others, summit attendees, I On page 26030, Column 2, third W. Oglethorpe Ave., Suite 1017, conference venues, the general public, paragraph, second line, change ‘‘Garden Savannah, Georgia 31401 between 8 business and municipal buildings, and County Airport, NE’’ to read ‘‘Oshkosh, a.m. and 4 p.m., Monday through law enforcement officials. Information Garden County Airport, NE’’. Friday, except Federal holidays. and intelligence indicates that there is

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potential for similar acts to be attempted and benefits under section 6(a)(3) of that Collection of Information during the upcoming June G–8 Summit Order. The Office of Management and This rule calls for no new collection in Savannah, Georgia. Budget has not reviewed it under that of information under the Paperwork This history has heightened the need Order. It is not ‘‘significant’’ under the Reduction Act of 1995 (44 U.S.C. 3501– for the development and regulatory policies and procedures of 3520). implementation of various security the Department of Homeland Security measures in the vicinity of the (DHS). Federalism Savannah River, particularly around We expect the economic impact of A rule has implications for federalism venue areas established for the this rule to be so minimal that a full under Executive Order 13132, dignitaries and official parties attending Regulatory Evaluation under the Federalism, if it has a substantial direct the G–8 Summit, critical port facilities regulatory policies and procedures of effect on State or local governments and and infrastructure, bridges, and the DHS is unnecessary. Although the would either preempt State law or navigable waterways. The Coast Guard security zone applies to a large section impose a substantial direct cost of has determined from information of the Savannah River, traffic will be compliance on them. We have analyzed provided by local, state, and federal law allowed to pass through the zone with this rule under that Order and have enforcement officials that vessels or the permission of the Captain of the Port determined that it does not have persons in close proximity to the G–8 of Savannah or his designated implications for federalism. Summit may launch hostile or violent representatives. Before the effective acts from the waterways adjacent to the Unfunded Mandates Reform Act period, we will issue maritime Summit and from the waterways advisories widely available to users of The Unfunded Mandates Reform Act adjacent to where Summit attendees are the river. of 1995 (2 U.S.C. 1531–1538) requires staying. The potential for these acts Federal agencies to assess the effects of poses a security threat to the public, the Small Entities their discretionary regulatory actions. In G–8 Summit and its participants, and particular, the Act addresses actions the flow of commerce on the navigable Under the Regulatory Flexibility Act that may result in the expenditure by a waterways. (5 U.S.C. 601–612), we have considered State, local, or tribal government, in the The temporary security zones and whether this rule will have a significant aggregate, or by the private sector of temporary regulated navigation area economic impact on a substantial $100,000,000 or more in any one year. (RNA) are necessary to mitigate these number of small entities. The term Though this rule will not result in such threats and protect the public, the G–8 ‘‘small entities’’ comprises small expenditure, we do discuss the effects of Summit attendees, law enforcement businesses, not-for-profit organizations this rule elsewhere in this preamble. officers, and the flow of commerce on that are independently owned and the waterways from persons attempting operated and are not dominant in their Taking of Private Property hostile and violent acts. fields, and governmental jurisdictions This rule will not affect a taking of The temporary security zones and with populations of less than 50,000. private property or otherwise have temporary regulated navigation area are The Coast Guard certifies under 5 taking implications under Executive being established to mitigate these U.S.C. 605(b) that this rule will not have Order 12630, Governmental Actions and threats and are necessary to protect the a significant economic impact on a Interference with Constitutionally public, the G–8 conference and substantial number of small entities. We Protected Property Rights. attendees, law enforcement officers, the did not receive any comments from Civil Justice Reform Port of Savannah and commerce within small entities or other information the port from persons attempting hostile following our (NPRM) on April 8, 2004 This rule meets applicable standards and violent acts. (69 FR 18797) stating that this rule in sections 3(a) and 3(b)(2) of Executive Please note that elsewhere in today’s would have a significant economic Order 12988, Civil Justice Reform, to Federal Register, we have published impact on them. minimize litigation, eliminate another final rule, entitled ‘‘Security ambiguity, and reduce burden. Zone, St. Simons Sound and the Assistance for Small Entities Protection of Children Atlantic Ocean, GA’’ that is also intended to provide security of the Under section 213(a) of the Small We have analyzed this rule under public, the G–8 Summit and its Business Regulatory Enforcement Executive Order 13045, Protection of participants, and the safety of the Fairness Act of 1996 (Pub. L. 104–121), Children from Environmental Health waterways during this same period— we offered to assist small entities in Risks and Safety Risks. This rule is not June 5, 2004, until 4 p.m. on June 11, understanding this rule so that they economically significant and does not 2004. could better evaluate its effects on them create environmental risks to health or and participate in the rulemaking risks to safety that may Discussion of Comments and Changes process. Small businesses may send disproportionately affect children. We received one letter offering comments on the actions of Federal Indian Tribal Governments support of the rule and the increased employees who enforce, or otherwise security and protection that it provides. determine compliance with, federal This rule does not have tribal The Coast Guard agrees with this regulations to the Small Business and implications under Executive Order comment and no changes to the final Agriculture Regulatory Enforcement 13175, Consultation and Coordination rule were made. Ombudsman and the Regional Small with Indian Tribal Governments, Business Regulatory Fairness Boards. because it does not have a substantial Regulatory Evaluation The Ombudsman evaluates these direct effect on one or more Indian This rule is not a ‘‘significant actions annually and rates each agency’s tribes, on the relationship between the regulatory action’’ under section 3(f) of responsiveness to small business. If you Federal Government and Indian tribes, Executive Order 12866, Regulatory wish to comment on the actions by or on the distribution of power and Planning and Review, and does not employees of the Coast Guard, call 1– responsibilities between the Federal require an assessment of potential costs 800–REG–FAIR (1–888–734–3247). Government and Indian tribes.

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Energy Effects River to Port Wentworth at approximate 32°04′15″ N, 080°58′00″ W, and ° ′ ″ ° ′ ″ We have analyzed this rule under point 32 08 47 N, 081 06 36 W; then continuing south and west and Executive Order 13211, Actions all waters of the Savannah River from including all waters of Elba Island Cut Concerning Regulations That shore to shore and surface to bottom and the Intracoastal waterway, from Significantly Affect Energy Supply, south and east of this imaginary line shore to shore and surface to bottom, to Distribution, or Use. We have downriver to an imaginary line starting Elba Island Cut Light 10 (Light List, Vol. determined that it is not a ‘‘significant at the south east tip of Elba Island at III no. 35900) at St. Augustine Creek. All approximate point 32°04′19″ N, coordinates are based upon North energy action’’ under that order because ° ′ ″ it is not a ‘‘significant regulatory action’’ 080 58 27 W and extending due north American Datum 83 (NAD 83). under Executive Order 12866 and is not across the Savannah River and through (b) Definitions. The following definitions apply to likely to have a significant adverse effect Red Buoy #36 to approximate point ° ′ ″ ° ′ ″ this section: on the supply, distribution, or use of 32 0 40 N, 080 58 19 W. All coordinates are based upon North Designated Representatives means energy. The Administrator of the Office Coast Guard Patrol Commanders of Information and Regulatory Affairs American Datum 83 (NAD 83). (2) Security Zone, Back River. All including Coast Guard coxswains, petty has not designated them as a significant waters of the Back River south and east officers and other officers operating energy action. Therefore, they do not of the Highway 17 bridge from shore to Coast Guard vessels, and federal, state, require a Statement of Energy Effects shore and surface to bottom easterly to and local officers designated by or under Executive Order 13211. where the Back River meets the assisting the Captain of the Port of Environment Savannah River. Savannah, to regulate the movement of (3) Security Zone, South Channel Elba We have analyzed these rules under vessels within the RNA and restrict Island. All waters of the South Channel Commandant Instruction M16475.lD, vessels and persons from entering the south of Elba Island, from shore to shore which guides the Coast Guard in security zones. and surface to bottom, from the Slow speed means the speed at which complying with the National intersection of the Savannah River and a vessel proceeds when it is fully off Environmental Policy Act of 1969 the South Channel and continuing south plane, completely settled in the water (NEPA)(42 U.S.C. 4321–4370f), and easterly to an imaginary line starting at and not creating excessive wake. Due to have concluded that there are no factors the south east tip of Elba Island at the different speeds at which vessels of in this case that would limit the use of approximate point 32°04′19″ N, different sizes and configurations may a categorical exclusion under section 080°58′27″ W and extending south travel while in compliance with this 2.B.2 of the Instruction. Therefore, these westerly following the northern edge of definition, no specific speed is assigned rules are categorically excluded, under Elba Island Cut channel to the north east to slow speed. In no instance should figure 2–1, paragraph (34)(g), of the tip of McQueen Island at approximate slow speed be interpreted as a speed Instruction, from further environmental position 32°04′08″ N, 080°58′55″ W. All less than that required to maintain documentation. coordinates are based upon North steerageway. A vessel is not proceeding List of Subjects in 33 CFR Part 165 American Datum 83 (NAD 83). at slow speed if it is: (4) Security Zone, Intracoastal Harbors, Marine safety, Navigation (1) On a plane; Waterway Alternate Route. All waters of (water), Reporting and recordkeeping (2) In the process of coming up onto the Intracoastal Waterway Alternate requirements, Security measures, or coming off a plane; or Route from shore to shore and surface (3) Creating an excessive wake. Waterways. to bottom from St. Augustine Creek Day (c) Regulations— I For the reasons discussed in the Beacon A18 (Light List, Vol. III, no. (1) Security Zones. The regulations in preamble, the Coast Guard amends 33 35960) to Day Beacon A12 (Light List, this paragraph apply to the zones in Part 165 as follows: Vol. III, no. 35945). paragraph (a)(1) through (a)(4) of this (5) Regulated navigation area; section. Entry into or remaining within PART 165—REGULATED NAVIGATION Intracoastal Waterway Fields Cut, the security zones by vessels or persons AREAS AND LIMITED ACCESS AREAS Savannah River, and St. Augustine is prohibited unless authorized by the I 1. The authority citation for part 165 Creek. All waters of the Intracoastal Coast Guard Captain of the Port, continues to read as follows: Waterway from shore to shore and Savannah, Georgia or that officer’s surface to bottom from Fields Cut Buoy Authority: 33 U.S.C. 1226, 1231; 50 U.S.C. designated representatives. Vessels 191, 195; 46 U.S.C. Chapter 701; 33 CFR 48 (Light List, Vol. III, no. 35865) at moored, docked or anchored in the 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. Wright River south and west to the security zones when they become 107–295, 116 Stat. 2064; Department of Savannah River, and including all effective must remain in place unless Homeland Security Delegation No. 0170.1. waters of the Savannah River in the ordered by or given permission from the vicinity of Lower Flats Range, from COTP to do otherwise. Vessels or I 2. From 8 a.m. on June 5, 2004, until shore to shore and surface to bottom, persons desiring to enter or transit the 4 p.m. on June 11, 2004 add a new southeast of an imaginary line starting at areas encompassed by the security temporary § 165.T07–040 to read as the south east tip of Elba Island at zones may contact the Coast Guard on follows: approximate point 32°04′19″ N, VHF Channel Marine 16 or at (912) 652– § 165.T07–040 Temporary Security Zones 080°58′27″ W and extending due north 4353 to seek permission to enter or and Temporary Regulated Navigation Area, across the Savannah River and through transit the area. If permission is granted, Savannah River, GA Red Buoy #36 to approximate point all persons and vessels must comply (a) Locations— 32°04′40″ N, 080°58′19″ W to an with the instructions of the Captain of (1) Security Zone, Savannah River. An imaginary line starting at the western tip the Port or that officer’s designated imaginary line starting at Channel Light of Jones Island at the intersection of the representatives. 22, (Light List Volume III, Number Intracoastal Waterway and extending (2) Regulated Navigation Area. The 5090), at the intersection of the Middle southwesterly across the Savannah regulations in this paragraph apply to River and the Savannah River and River intersecting through Green buoy the area in paragraph (a)(5) of this crossing due West over the Savannah ‘‘35’’ to Bird Island at approximate point section.

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(i) All vessels and persons entering Island, and St. Simons Sound. citizens have sustained personal injuries and transiting through the regulated Additional security zones prohibit from a segment of protestors engaged in navigation area shall proceed entering closer than 100-yards to eight violent demonstrations against those continuously and at a slow speed. In no specified bridges located in the vicinity summits and their agendas. Examples instance should slow speed be of these waters. include the September 2003 World interpreted as a speed less than that DATES: This rule is effective from 8 a.m. Trade Organization (WTO) Ministerial required to maintain steerageway. June 5, 2004, until 4 p.m. on June 11, in Cancun, Mexico; the 2003 G–8 Nothing in this rule alleviates vessels or 2004. Summit in Calgary, Canada, the 2001 operators from complying with all state ADDRESSES: Marine Safety Office G–8 Summit in Genoa, Italy; and the and local laws in the area. Savannah maintains the public docket 1999 World Trade Organization in (ii) All vessels and persons shall for this rulemaking. Comments and Seattle, Washington. These conferences comply with orders from the Coast material received from the public, as and summits experienced an influx of Guard Captain of the Port of Savannah well as documents indicated in this protestors, and in particular protest or that officer’s designated preamble as being available in the groups opposing international trade representatives, regulating their speed, docket, are part of docket [COTP who have a propensity for violence and a desire to engage in hostile acts against, course, direction and movements within Savannah 04–041] and will be available among others, summit attendees, the RNA. for inspection or copying at Marine conference venues, the general public, All vessels and persons shall obtain Safety Office Savannah, 100 W. business and municipal buildings, and the permission of the Captain of the Port Oglethorpe Ave., Suite 1017, Savannah, law enforcement officials. Information or that officer’s designated Georgia 31401, between 8 a.m. and 4 and intelligence indicates that there is representatives prior to entering or p.m., Monday through Friday, except potential for similar acts to be attempted transiting via VHF Channel 16. Federal holidays. (d) Effective period: This section is during the upcoming June G–8 Summit FOR FURTHER INFORMATION CONTACT: effective from 8 a.m. on June 5, 2004 in Savannah, Georgia. until 4 p.m. on June 11, 2004. LTJG Anthony Quirino, Coast Guard This history has heightened the need Marine Safety Office Savannah, (912) for the development and Dated: May 17, 2004. 652–4353, ext. 235. implementation of various security Harvey E. Johnson, Jr., SUPPLEMENTARY INFORMATION: measures in the vicinity of St. Simons Rear Admiral, U.S. Coast Guard, Commander, Sound. In particular, there is a need for Regulatory Information Seventh Coast Guard District. additional security around venue areas [FR Doc. 04–11887 Filed 5–21–04; 12:12 pm] On April 8, 2004, we published a established for the dignitaries and BILLING CODE 4910–15–P notice of proposed rulemaking (NPRM) official parties attending the G–8 entitled Security Zone, St. Simons Summit, bridges, and waterways used Sound and the Atlantic Ocean, GA, in by commercial shipping. The Coast DEPARTMENT OF HOMELAND the Federal Register (69 FR 18794). We Guard has determined from information SECURITY received 2 letters commenting on the provided by local, state, and federal law proposed rule. No public meeting was enforcement officials that vessels or Coast Guard requested, and none was held. persons in close proximity to the G–8 Under 5 U.S.C. 553(d)(3), the Coast Summit may launch hostile or violent 33 CFR Part 165 Guard finds that good cause exists for acts from the waterways adjacent to the [COTP Savannah–04–041] making this rule effective less than 30 Summit and from the waterways days after publication in the Federal adjacent to where Summit attendees are RIN 1625–AA00 Register. This rule is necessary to staying. The potential for these acts Security Zone, St. Simons Sound and minimize danger and provide security poses a security threat to the public, the the Atlantic Ocean, GA for the public and participants of the G8 G–8 Summit and its participants, and Conference. Law enforcement officials the flow of commerce on the navigable AGENCY: Coast Guard, DHS. require sufficient time to put security waterways. ACTION: Temporary final rule. measures in place prior to the start of The security zones mitigate these the conference on June 8, 2004. threats and are necessary to protect the SUMMARY: The Coast Guard is Therefore, it is in the public interest to public, the G–8 Summit attendees, law establishing security zones, from June 5, have these regulations effective less enforcement officers, and the flow of 2004, through June 11, 2004, for the than 30-days after publication in the commerce on the waterways from G–8 Summit to be held in Sea Island, Federal Register. persons attempting hostile and violent Georgia. These security zones are acts. Please note that elsewhere in Background and Purpose required to provide for the security of today’s Federal Register, we have the public, the G–8 Summit and its The G8 (Group of 8) is an informal published another final rule, entitled participants, and the safety of the group of eight countries—Canada, ‘‘Security Zones and Regulated waterways due to the potential for France, Germany, Italy, Japan, Russia, Navigation Areas; Savannah River, GA,’’ hostile and violent acts from the United Kingdom and the United that is also intended to provide security demonstrators protesting the G–8 States—whose leaders meet to discuss of the public, the G–8 Summit and its Conference. This rule prohibits the broad economic and foreign policies. participants, and the safety of the entry of all vessels and persons into the The 30th G8 Summit will be held in Sea waterways during this same period— waters in the vicinity of Sea Island, Island, Georgia, from June 8 through June 5, 2004, until 4 p.m. on June 11, Jekyll Island, and all waters of the June 10, 2004. 2004. Atlantic Ocean from the baselines of Sea Cities that have recently hosted Island, St. Simons Island and Jekyll conferences or summits similar to the Discussion of Rule Island extending seaward to a distance G–8 Summit have experienced In our NPRM (69 FR 18794) we of 3 nautical miles, as well as waters on significant property damage, and their advised vessels transiting the the Hampton River, Jones Creek, Lanier law enforcement officers and public Intracoastal waterway to exit and enter

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