Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 /Rules and Regulations 32741

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: Temporary final rule.

SUMMARY: The Coast Guard is

establishing 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: This regulation is effective from

9 a.m. Eastern Daylight Time (EDT) on

July 2, 1998, until 2 p.m. EDT on July

6, 1998.

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:

Regulatory History

The Coast Guard published a Notice

of Proposed Rulemaking on April 30,

1998 (63 FR 23703). One comment was

received during the comment period.

Discussion of Comments and Changes

One comment was received from a

spill response organization stating that

the Coast Guard needed to provide

access through the safety zones for spill

response organizations in case of a spill.

The Coast Guard agrees, and will

facilitate any such request from any

spill response organization in the event

of an oil spill.

Additionally, because of updated

participant vessel arrival, transit,

mooring and departure information, all

the effective times for the safety zones

have been shortened, with the exception

of the safety zone on July 4, 1998, for

the fireworks display.

Background 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, import

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, form up offshore, and the

class A vessels (those greater that 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 is establishing the following six

(6) safety zones at various times during

the event: (1) A one square mile prearrival 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 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 are safety zones:

(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 2 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 11 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 of Tybee Island Range

prior to 11 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

11 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 2 p.m.

until 5 p.m. EDT on July 3, 1998. The

safety zone for the departure of the

vessels will be in effect from 8 a.m. until

11 a.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
32742 Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 /Rules and Regulations

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 8 a.m. to 2 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 8 a.m. 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 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 8

a.m. If unable to clear the Savannah

Riverfront area by 8 a.m., these vessels

would be required to start the inbound

transit entrance after 2 p.m. This time

may be earlier if the tall ships complete

their outbound transit before 2 p.m. The

Captain of the Port will allow vessel

traffic to resume outbound transit

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 (1)

nautical mile of the area. Vessels will be

allowed to resume transiting the ICW

once the last tall ship in the parade

clears the Savannah River and Field Cut

junction.

(6) The safety zone for the pre-race

staging for the tall ships will be in effect

from 10 a.m. to 2 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.

In accordance with U.S.C. 553, good

cause exists for making these

regulations effective in less than 30 days

after Federal Register publication.

Delaying the effective date would be

contrary to national safety interests

since immediate action is needed to

minimize potential danger to the public,

as insufficient time remains after the 30

day comment period provided by the

NPRM published on April 30, 1998, to

allow for another 30 day delay after

publication.

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 and

procedures of DOT is unnecessary.

These regulations will only be in effect

for a short period 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 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 governmental 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 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.

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 Figure 2–1,

paragraph (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.

Temporary Regulations

In consideration of the foregoing, the

Coast Guard amends 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 § 165.T07–010 is added to

read as follows:

§ 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 2 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 11 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 11 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 11 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
Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 /Rules and Regulations 32743

transiting the ICW once the last tall ship

in the parade clears the Savannah River

and Fields Cut junction.

(3) From 2 p.m. until 5 p.m. EDT on

July 3, 1998, and from 8 a.m. until 11

a.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

time no vessel shall be allowed to enter

this safety zone unless authorized by the

Captain of the Port.

(5) From 8 a.m. to 2 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 8 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 8 a.m. If unable

to clear the Savannah Riverfront area by

8 a.m., these vessels would be required

to start the inbound transit after 2 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 10 a.m. to 2 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 § 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 channel 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 becomes

effective at 9 a.m., Eastern Daylight

Time (EDT) on July 2, 1998, and

terminates at 2 p.m., EDT on July 6,

1998.

Dated: June 3, 1998.

R.E. Seebald,

Commander, U.S. Coast Guard, Captain of

the Port, Savannah, Georgia.

[FR Doc. 98–15965 Filed 6–15–98; 8:45 am]

BILLING CODE 4910–15–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 60

[AD–FRL–6106–8]

Standards of Performance for New

Stationary Sources and Guidelines for

Control of Existing Sources: Municipal

Solid Waste Landfills

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This action amends, corrects

errors, and clarifies regulatory text of

the ‘‘Standards of Performance for New

Stationary Sources and Guidelines for

Control of Existing Sources: Municipal

Solid Waste Landfills,’’ which was

issued as a final rule and guideline on

March 12, 1996.

EFFECTIVE DATE: This rule will become

effective August 17, 1998 without

further notice unless the Agency

receives relevant adverse comment by

July 16, 1998. Should the Agency

receive such comments, it will publish

a timely document withdrawing this

rule.

ADDRESSES: Comments should be

submitted (in duplicate if possible) to:

Air and Radiation Docket and

Information Center (MC–6102), Attn:

Docket No. A–88–09/Category V–D, U.S.

Environmental Protection Agency, 401

M Street, SW., Washington, DC 20460.

The EPA request that a separate copy

also be sent to the contact person listed

below. Refer to SUPPLEMENTARY

INFORMATION for information regarding

electronic submittal of comments.

FOR FURTHER INFORMATION CONTACT: For

information concerning this notice and

analyses performed in developing this

rule, contact Ms. Michele Laur, Waste

and Chemical Processes Group,

Emission Standards Division (MD–13),

U.S. Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, telephone number (919) 541–

5256. For implementation issues,

contact Mary Ann Warner, Program

Review Group, Information Transfer and

Program Integration Division (MD–12),

U.S. Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, telephone number (919) 541–

1192. For information on the Landfill