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Home , 30th G8 summit, Frederica River, Mackay River

29656 Federal Register / Vol. 69, No. 101 / Tuesday, May 25, 2004 / Rules and Regulations

(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. in Calgary, , the 2001 operators from complying with all state ADDRESSES: Marine Safety Office G–8 Summit in , ; 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 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 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 countries—Canada, ‘‘Security Zones and Regulated waterways due to the potential for , , Italy, , , Navigation Areas; , GA,’’ hostile and violent acts from the 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 , Jones Creek, Lanier law enforcement officers and public to exit and enter

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at Altamaha Sound as an alternate route the Department of Homeland Security determined that it does not have around the security zone. Due to (DHS). implications for federalism. shoaling in Altamaha Sound, published We expect the economic impact of Unfunded Mandates Reform Act in Local Notice to Mariners (08/04), this rule to be so minimal that a full vessels should instead use Doboy Regulatory Evaluation under the The Unfunded Mandates Reform Act Sound, 2 miles north, to exit and enter regulatory policies and procedures of of 1995 (2 U.S.C. 1531–1538) requires the Intracoastal waterway. DHS is unnecessary. Federal agencies to assess the effects of their discretionary regulatory actions. In Discussion of Comments and Changes Small Entities particular, the Act addresses actions We received two letters offering Under the Regulatory Flexibility Act that may result in the expenditure by a comments on the proposed rule. One (5 U.S.C. 601–612), we have considered State, local, or tribal government, in the comment recommended using whether this rule would have a aggregate, or by the private sector of consistent language that prohibits the significant economic impact on a $100,000,000 or more in any one year. entry of all vessels and persons substantial number of small entities. Though this rule would not result in throughout the rule. We agree. As a The term ‘‘small entities’’ comprises such expenditure, we do discuss the result of this comment, language that small businesses, not-for-profit effects of this rule elsewhere in this prohibits the entry of all vessels and organizations that are independently preamble. persons is now consistently used owned and operated and are not throughout this rule. dominant in their fields, and Taking of Private Property The other letter requested advance governmental jurisdictions with This rule would not affect a taking of permission to enter and transit the populations of less than 50,000. private property or otherwise have security zones, and commented that the The Coast Guard certifies under 5 taking implications under Executive regulation was overbroad because it U.S.C. 605(b) that this rule would not Order 12630, Governmental Actions and shut down traffic on the Intracoastal have a significant economic impact on Interference with Constitutionally waterway. Granting pre-approval to a substantial number of small entities. Protected Property Rights. transit these security zones is This rule would affect the following impracticable because of the numerous entities, some of which might be small Civil Justice Reform unknown exigencies that may exist. entities: The owners or operators of This rule meets applicable standards Moreover, numerous alternatives do vessels intending to transit or anchor in in sections 3(a) and 3(b)(2) of Executive exist, including transiting offshore of a portions of St. Simons Sound, the Order 12988, Civil Justice Reform, to the security zones, weather permitting, Intracoastal waterway and the Atlantic minimize litigation, eliminate or delaying a voyage until after Ocean covered by this security zone. We ambiguity, and reduce burden. expiration of the security zones. Finally, received no comments from owners of Protection of Children although authorization to transit the such small entities. Therefore, owners security zone may not be provided in are encouraged to contact the Captain of We have analyzed this rule under advance, requests for permission to the Port to seek permission to transit Executive Order 13045, Protection of transit the zone immediately may still these security zones. Children from Environmental Health be granted by the COTP Savannah. This Risks and Safety Risks. This rule is not approach provides COTP Savannah the Assistance for Small Entities an economically significant rule and flexibility to enforce this rule as threats Under section 213(a) of the Small does not create an environmental risk to and conditions dictate. Business Regulatory Enforcement health or risk to safety that may Although the G–8 Summit is Fairness Act of 1996 (Pub. L. 104–121), disproportionately affect children. scheduled to take place from June 8 we want to assist small entities in Indian Tribal Governments through June 10, 2004, it is necessary to understanding this rule so that they can make the security zones effective from better evaluate its effects on them and This rule does not have tribal June 5 through June 11, 2004, to provide participate in the rulemaking. If the rule implications under Executive Order security for arriving and departing G–8 affects your small business, 13175, Consultation and Coordination summit attendees and allow law organization, or governmental with Indian Tribal Governments, enforcement officials time to stand up jurisdiction and you have questions because it does not have a substantial and stand down from patrolling the concerning its provisions or options for direct effect on one or more Indian security zones. compliance, please contact the person tribes, on the relationship between the We made one technical change in the listed under FOR FURTHER INFORMATION Federal Government and Indian tribes, text of the regulation. The references in CONTACT. or on the distribution of power and (a)(1) and (a)(2) to the location responsibilities between the Federal coordinates being based on North Collection of Information Government and Indian tribes. This rule calls for no new collection American Datum 83 have been moved Energy Effects into a note for the entire paragraph (a). of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under Regulatory Evaluation 3520). Executive Order 13211, Actions This rule is not a ‘‘significant Concerning Regulations That regulatory action’’ under section 3(f) of Federalism Significantly Affect Energy Supply, Executive Order 12866, Regulatory A rule has implications for federalism Distribution, or Use. We have Planning and Review, and does not under Executive Order 13132, determined that it is not a ‘‘significant require an assessment of potential costs Federalism, if it has a substantial direct energy action’’ under that order because and benefits under section 6(a)(3) of that effect on State or local governments and it is not a ‘‘significant regulatory action’’ Order. The Office of Management and would either preempt State law or under Executive Order 12866 and is not Budget has not reviewed it under that impose a substantial direct cost of likely to have a significant adverse effect Order. It is not ‘‘significant’’ under the compliance on them. We have analyzed on the supply, distribution, or use of regulatory policies and procedures of this rule under that Order and have energy. The Administrator of the Office

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of Information and Regulatory Affairs requirements, Security measures, Simons Sound and the Atlantic Ocean, has not designated it as a significant Waterways. from surface to bottom, encompassed by energy action. Therefore, it does not I For the reasons discussed in the a line commencing from the north east require a Statement of Energy Effects preamble, the Coast Guard amends 33 point of Little St. Simons Island at ° ′ ″ ° ′ ″ under Executive Order 13211. CFR part 165 as follows: 31 15 24 N, 081 16 55 W; thence, easterly seaward into the waters of the Environment PART 165—REGULATED NAVIGATION Atlantic Ocean out to a distance of 3 ° ′ ″ We have analyzed this rule under AREAS AND LIMITED ACCESS AREAS nautical miles at 31 15 24 N, 081°11′55″ W; thence southerly Commandant Instruction M16475.lD, I 1. The authority citation for part 165 following the contour of the baseline at which guides the Coast Guard in continues to read as follows: a distance of 3 nautical miles to complying with the National Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 31°00′44″ N, 081°19′35″ W; thence Environmental Policy Act of 1969 Chapter 701; 50 U.S.C. 191, 195; 33 CFR westerly to the southern tip of Jekyll (NEPA)(42 U.S.C. 4321–4370f), and 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. Island at 31°00′44″ N, 081°26′03″ W; have concluded that there are no factors 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. thence northwesterly to the south side in this case that would limit the use of of the Sidney Lanier bridge at 31°06′48″ a categorical exclusion under section I 2. From 8 a.m. on June 5, 2004, until N, 081°29′40″ W; thence continuing 2.B.2 of the Instruction. Therefore, this 4 p.m. on June 11, 2004, add a new northeasterly to the northern tip of rule is categorically excluded, under temporary § 165.T07–041 to read as Lanier Island at 31°11′06″ N, 081°25′17″ figure 2–1, paragraph (34)(g), of the follows: W; thence continuing northeasterly to Instruction, from further environmental the Hampton River at 31°17′36″ N, § 165.T07–041 Temporary security zones, ° ′ ″ documentation. St. Simons Sound, GA. 081 20 33 W; thence back to the original point. List of Subjects in 33 CFR Part 165 (a) Locations. The following areas are security zones: (2) Security zone, Bridges. All waters Harbors, Marine safety, Navigation (1) Security zone; St. Simons Sound from surface to bottom within 100-yards (water), Reporting and recordkeeping and the Atlantic Ocean. All waters of St. of the following bridges:

Roadway Bridge Located at

(i) Jekyll Island Causeway ...... Cedar Creek ...... 31°05.318′ N, 081°28.780′ W. (ii) Jekyll Island Causeway ...... Jekyll Creek ...... 31°02.808′ N, 081°25.347′ W. (iii) Highway 17 ...... Sidney Lanier ...... 31°06.982′ N, 081°29.094′ W. (iv) Saint Simons Causeway ...... Terry Creek ...... 31°09.697′ N, 081°28.137′ W. (v) Saint Simons Causeway ...... Back River ...... 31°09.868′ N, 081°26.766′ W. (vi) Saint Simons Causeway ...... Little River ...... 31°10.120′ N, 081°26.200′ W. (vii) Saint Simons Causeway ...... ...... 31°10.276′ N, 081°25.494′ W. (viii) Saint Simons Causeway ...... ...... 31°10.050′ N, 081°24.782′ W.

Note to § 165.T07–041(a): All coordinates 4353 to seek permission to enter or ACTION: Direct final rule. are based upon North American Datum 83 transit the zones. If permission is (NAD 83). granted, all persons and vessels must SUMMARY: EPA is taking direct final (b) Definitions. As used in this comply with the instructions of the action to approve the commercial and section, designated representatives Captain of the Port or that officer’s industrial solid waste incinerator means Coast Guard Patrol Commanders designated representatives. (CISWI) section 111(d)/129 plan (the including Coast Guard coxswains, petty Dated: May 17, 2004. ‘‘plan’’) submitted to EPA on September officers and other officers operating Harvey E. Johnson, Jr., 8, 2003 by the Virginia Department of Coast Guard vessels, and federal, state, Rear Admiral, U.S. Coast Guard, Commander, Environmental Quality (DEQ). The plan and local officers designated by or Seventh Coast Guard District. includes supplemental information assisting the Captain of the Port of [FR Doc. 04–11886 Filed 5–21–04; 12:12 pm] submitted on August 11, and September 30, 2003, and April 6, 2004. The plan Savannah (COTP) to restrict vessels and BILLING CODE 4910–15–P persons from entering the security establishes emission limits, monitoring, zones. operating, and recordkeeping requirements for commercial and (c) Regulations. Entry into or ENVIRONMENTAL PROTECTION industrial solid waste incinerator units transiting within the security zones by AGENCY for which construction commenced on vessels or persons is prohibited unless or before November 30, 1999. Submittal authorized by the Coast Guard Captain 40 CFR Part 62 and approval of the plan fulfills a Clean of the Port, Savannah, Georgia or that Air Act (the Act) requirement for the officer’s designated representatives. [VA141–5075a; FRL–7666–5] Commonwealth of Virginia. Vessels docked, moored, or anchored in Approval and Promulgation of State security zones when they become Air Quality Plans for Designated DATES: This rule is effective on July 26, effective must remain in place unless Facilities and Pollutants, 2004 without further notice, unless EPA ordered by or given permission from the Commonwealth of Virginia; Control of receives written comment by June 24, COTP to do otherwise. Vessels or Emissions From Commercial and 2004. If EPA receives such comments, it persons desiring to enter or transit the Industrial Solid Waste Incinerator Units will publish a timely withdrawal of the areas encompassed by the security direct final rule in the Federal Register zones may contact the Coast Guard on AGENCY: Environmental Protection and inform the public that the rule will VHF Channel Marine 16 or at (912) 652– Agency (EPA). not take effect.

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