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Federal Register/Vol. 69, No. 101/Tuesday, May 25

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Federal Register/Vol. 69, No. 101/Tuesday, May 25 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. 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 VerDate jul<14>2003 15:16 May 24, 2004 Jkt 203001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\25MYR1.SGM 25MYR1 Federal Register / Vol. 69, No. 101 / Tuesday, May 25, 2004 / Rules and Regulations 29657 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.
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