Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations 18949

M16475.1B (as revised by 59 FR 38654;

July 29, 1994), the regulation is

categorically excluded from further

environmental documentation.

Appropriate environmental analysis of

the Fort Vancouver Fourth of July

Fireworks Display will be conducted in

conjunction with the marine event

permitting process each year. Any

environmental documentation required

under the National Environmental

Policy Act will be completed prior to

the issuance of a marine event permit

for this event should such a permit be

required.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reports and recordkeeping

requirements, Security measures,

Waterways.

Final Regulation

For the reasons set out in the

preamble, the Coast Guard amends 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;

CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5; 49

CFR 1.46.

2. A new section 165.1308 is added to

read as follows:

§ 165.1308 Columbia River, Vancouver,

WA.

(a) Location. The following area is a

safety zone: All waters of the Columbia

River at Vancouver, Washington,

bounded by a line commencing at the

northern base of the Interstate 5

highway bridge at latitude 45°37′17′′ N,

longitude 122°40′22′′ W; thence south

along the Interstate 5 highway bridge to

latitude 45°37′03′′ N, longitude

122°40′32′′ W; thence to latitude

45°36′28′′ N, longitude 122°38′35′′ W;

thence to Ryan’s Point at latitude

45°36′42′′ N, longitude 122°38′35′′ W;

thence along the Washington shoreline

to the point of origin. [Datum: NAD 83].

(b) Effective dates. This section is

effective annually on July fourth from 9

p.m. to 11 p.m. (PDT) unless otherwise

specified by Federal Register notice.

(c) Regulation. In accordance with the

general regulations in § 165.23 of this

part, entry into this safety zone is

prohibited unless authorized by the

Captain of the Port, Portland, Oregon.

Dated: April 18, 1996.

C.E. Bills,

Captain, U.S. Coast Guard Captain of the

Port.

[FR Doc. 96–10559 Filed 4–29–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD07–95–062]

RIN 2115–AA97

Safety/Security Zone Regulations;

Savannah, GA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing safety and security zones to

protect life, property, and the

environment during the 1996 Olympic

Yachting Competition. The anticipated

concentration of spectator and

participant vessels associated with these

races pose safety and security concerns.

These regulations are intended to

provide security for the Olympic

participants and to insure safe

navigation on the waters surrounding

the Olympic Village located on the

Savannah River, the two Olympic

Marinas, the racing venues offshore, and

the ferrying of athletes and officials

between Olympic Marina locations.

EFFECTIVE DATES: This rule is effective

from July 4, 1996 until August 4, 1996.

ADDRESSES: Copies of documents

referenced in this document are

available for inspection or copying from

Marine Safety Office, Savannah, 222 W.

Ogelthorpe Avenue, Suite 402,

Savannah, Georgia between 9 a.m. and

3 p.m. EDT (Eastern Daylight Time),

Monday through Friday, except Federal

holidays. A copy of the environmental

assessment is available from CEU

Miami, 909 S.E. 1st Ave., Miami,

Florida 33131.

FOR FURTHER INFORMATION CONTACT:

BMC P.M. Webber or LT L.L. Fagan,

Project Officer for Captain of the Port,

Marine Safety Officer, Savannah at (912)

652–4353, between the hours of 7:30

a.m. and 4 p.m. EDT, Monday through

Friday, except holidays.

SUPPLEMENTARY INFORMATION: Over 1100

athletes and coaches representing over

80 countries, over 300 competition

vessels, as well as approximately 1,000

to 2,000 support and spectator vessels

are expected to arrive and participate in

the festivities of the 1996 Olympic

yachting competition. To ensure the

security of the athletes and to ensure the

safety of the large volume of recreational

vessels expected in the area, the Coast

Guard is establishing these safety/

security zones to provide for the safety

and security of the Olympic participants

and spectators.

Regulatory History

On January 3, 1996, the Coast Guard

published a Notice of Proposed

Rulemaking (NPRM) entitled ‘‘Safety/

Security Zone Regulations; Savannah,

GA’’ (CGD 07–95–062) in the Federal

Register (61 FR 136). Due to requests, a

public meeting, announced in the

February 16, 1996 Federal Register (61

FR 6178), was held in Savannah by the

Captain of the Port Savannah on

February 29, 1996 to gather comments

on the rulemaking. The meeting was

attended by over 100 individuals.

Twenty-six people made comments

during the meeting and 17 written

comments were submitted prior to

closure of the comment period on

March 4, 1996. Copies of the comments

and an audio tape of the meeting are

available for inspection or copying

where indicated under ADDRESSES. The

Coast Guard published a related Notice

of Proposed Rulemaking on October 10,

1995 (60 FR 53317), which proposed

anchorage areas in the same general area

as the safety/security zones during the

Olympic Yachting Event. The final rule

on the anchorage areas is published

elsewhere in today’s Federal Register.

Discussion of Comments and Changes

The Coast Guard received forty-three

separate comments on the NPRM during

the comment period. The commentors

fit into the following general categories:

concerns from businesses on Bull River,

Turner Creek, or Half Moon River;

concerns from citizens living on these

waterways or with vessels moored in

effected areas; and concerns registered

by or on behalf of the Atlanta

Committee for the Olympic Games

(ACOG). The Coast Guard received two

comments from private citizens who

fully supported the safety/security

zones as proposed, stating that the Coast

Guard had achieved a good balance

between navigational interests and

interest in security for the Olympic

athletes. The comments which

addressed specific proposed safety/

security zones are discussed below by

zone. General comments which pertain

to all of the area are grouped by subject

and are discussed following the

discussion by specific zones.

The environmentally based

constraints that were proposed as part of

the NPRM have been incorporated as

conditions in the permit issued by the

Coast Guard to the ACOG for the water

events. As a result, therefore, these

restrictions have been eliminated from
18950 Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations

the final rule. The Coast Guard has

completed an Environmental

Assessment, with a finding of no

significant impact, for all Olympic

activities in the area as discussed in the

‘‘Environmental Assessment’’ section

below.

Savannah River; Olympic Torch Moving

Safety Zone (Proposed Section 165.T07–

077)

No Comments specifically addressed

the Olympic Torch proposed moving

safety zone. The effective date of the

moving safety zone has been changed

from July 10 to July 9, 1996. The

duration of the effective time of the zone

has been reduced from the NPRM,

which had proposed an effective zone

that lasted from 8 a.m. to 10 p.m. EDT.

The moving safety zone will instead be

effective from 6 p.m. to 10 p.m. EDT.

The exact route of the torch is uncertain

at this time. The zone will commence

either, on the Savannah River in the

vicinity of Coast Guard Station Tybee

and continue west up river to the

Highway 17A bridge (Talmadge bridge),

or at the mouth of the Wilmington River

and proceed to the Savannah River via

the Intracoastal Waterway (ICW) and

thence to the Highway 17A bridge. The

Captain of the Port Savannah will

announce the exact route for the vessel

and its moving safety zone via Broadcast

Notice to Mariners prior to the

establishment of the zone.

Savannah River: Fireworks Safety Zone

(Proposed Section 165.T07–078)

No comments were received on the

proposed safety zone for the fireworks

display. The effective time of the zone

on July 4, 1996 has been moved up from

the proposed starting time of 10 p.m. to

9:15 p.m. EDT. The zone will still

terminate at 11 p.m. EDT.

Marriot Hotel/Olympic Village

(Proposed Section 165.T07–062(1))

No comments specifically addressed

the Olympic Village proposed zone and

therefore it is being adopted in this final

rule as proposed with a minor change in

coordinates required to accurately

delineate the zone.

Olympic Marina; Wilmington River and

Turner Creek (Proposed Section

165.T07–062(2))

The NPRM proposed a zone that

included a portion of Turner Creek and

extended out to the center of the

Wilmington River, surrounding the

Olympic Marina and its docks. Olympic

athletes will board vessels at the

Olympic Marina and be shuttled to the

Day Marina in Wassaw Sound. The Day

Marina is the staging area for all the

yachting events and is the area where

the vessels used in competition will be

moored. As proposed, entry into the

Olympic Marina zone, including

portions of Turner Creek and the

Wilmington River, would be prohibited

unless permission was granted by the

Captain of the Port. The Coast Guard

had planned to grant permission for

entry to groups of vessels and provide

Coast Guard escorts for their transit

through the zone, thereby allowing

controlled access to the Wilmington

River through Turner Creek.

The Olympic Marina zone, as

proposed, extended south of the

Olympic Marina in the Wilmington

River to encompass a number of private

docks. To address the access problem

this would have caused for the dock

owners, the Coast Guard has modified

the boundaries of the Olympic Marina

zone so that the zone ends just north of

the first private dock, thereby allowing

free access from these docks to the

Wilmington River.

The Coast Guard received a number of

comments concerning the anticipated

effects of closing Turner Creek and parts

of the Wilmington River and concerning

the expected delays which would result

from the plan to escort groups of vessels

through the area. Commentors included

two private individuals who live in

homes with private docks on the

Wilmington River that were

encompassed within the proposed

Olympic Marina zone and business

owners along Turner Creek who were

concerned with the impact the delays

and lack of access would have on their

business.

In their comments, several business

owners along Turner Creek expressed

concerns with the Coast Guard’s

proposed plan to escort vessels in

groups through Turner Creek to the

Wilmington River. The commentors

noted that this area experiences a heavy

volume of vessel traffic and large delays

were anticipated as a result of the

restrictions. Based on these comments,

and after consultation with the ACOG

about the security concerns, the Coast

Guard has decided not to escort vessels

in groups through this zone. Instead, if

vessels desire to transit through the

Olympic Marina zone, a vessel may

check in with the Coast Guard to receive

permission to enter. The Captain of the

Port (COTP) may grant permission for

vessels to enter the Olympic Marina

zone whenever circumstances allow.

COTP permission will be granted with

the condition that the vessels transit the

zone without stopping within the zone.

Two comments at the public meeting

and one written comment concerned the

designation of this area as a ‘‘no wake

zone.’’ The declaration of an area as a

‘‘no wake zone’’ is done by the State of

Georgia and not the Coast Guard.

Therefore, those comments have been

passed to the responsible state officials

for their consideration.

Wilmington River and Wassaw Sound

(Moving Security Zone) (Proposed

Section 165.T07–062(3))

No comments specifically addressed

this proposed zone. The description of

this zone has been modified to clarify

the route that the vessels ferrying the

athletes between the Olympic Marina

and the Day Marina will take. These

vessels will transit from the Olympic

Marina in the Wilmington River to

Tybee Cut, through Tybee Cut to Half

Moon River and into Wassaw Sound

were the Day Marina is located. The

same route is planned for the return

trip.

Bull River (Proposed Section 165.T07–

062(4))

This was the most commented on of

the proposed zones. The zone, as

proposed, would close the southern

entrance to Bull River at Pa Cooper

Creek and would close Tybee Cut in the

event of adverse weather. The proposed

zone encompassed the Day Marina and

provided for a less crowded route for

the ferries shuttling the athletes between

the Olympic Marina and the Day

Marina.

The Coast Guard received eleven

comments from business owners along

the Bull River objecting to this proposed

zone. These businesses fall into two

primary categories; those that operate

commercial vessels from dock facilities

and those with fixed shore-based

operations, such as restaurants or

marinas. Most of the comments

expressed concern that the Coast Guard

was being overly restrictive with regard

to access to Wassaw Sound and Bull

River. The comments expressed a

shared opinion that business in this area

would be significantly affected by the

proposed closing of the entrance to Bull

River during the day. Fixed shore based

operations expressed concerns that

customers would not be able to reach

the businesses and operators of

commercial vessels moored at docks in

the area expressed concern that they

would have to leave the zone early in

the day and not return until the evening.

The comments pointed out that though

there is an alternate route between this

portion of the Bull River and Wassaw

Sound via the Wilmington River, there

are fixed span bridges over the Bull

River which limits the size of vessels

able to use this route. Hence, the only

outlet for vessels with height
Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations 18951

restrictions is out the mouth of the Bull

River.

Conversely, the ACOG also expressed

concerns about the proposed Bull River

zone, stating that the zone as proposed

was not restrictive enough. The ACOG

requested that the Coast Guard also

close the Half Moon River northwest of

Tybee Cut, thereby including all of

Tybee Cut within the zone during all

times that the zone was in effect, not

just during adverse weather as

proposed. In its comments, the ACOG

noted that Tybee Cut was chosen for

transiting athletes for a number of

reasons. Tybee Cut provides a route

which is more protected from adverse

weather as well as providing a shorter

transit that does not interfere with

racing in the Alpha race course (located

in Wassaw Sound). The ACOG also

pointed out that the only alternate route

available for ferrying athletes between

the Olympic Marina and the Day Marina

was down the Wilmington River and

then through Wassaw Sound. This route

is considered unacceptable by the

ACOG. Not only is the route longer and

more prone to adverse weather, but

more importantly it dramatically

increases the athletes’ exposure to the

large number of commercial and

recreational vessels expected to be

transiting through, and congregating at,

the mouth of the Wilmington River. The

comment from the ACOG also noted

that the Coast Guard had proposed July

6, 1996 as the starting date for the

safety/security zones, but that in the

ACOG’s opinion, the zones would not

be needed until July 8. The ACOG

suggested that the Coast Guard delay the

effective date for the Bull River zone to

July 8, 1996.

The Coast Guard has reviewed the

concerns expressed by the businesses

and individuals regarding access to

Wassaw Sound and Bull River, but must

balance their need for access with the

need for Olympic athletes’ security. The

Bull River area will be heavily used by

Olympic athlete shuttles and affiliated

Olympic vessels. The security zone

boundaries and effective dates have

been carefully tailored to ensure the

need for athlete security is met. The

Coast Guard agrees with the ACOG’s

concerns for security in this area. The

Day Marina, which is the center of

activity for the Olympic yachting

events, consists of a group of barges

moored in the water and is exposed on

all sides. The vessels participating in

the Olympic yachting races will be

moored at the marina and will be

transiting between the Day Marina and

the race courses throughout the day.

Large concentrations of athletes will be

present at the marina throughout the

day as well. Additionally, as the ACOG

commented, because of the high

concentration of spectator and

commercial vessels expected in the

Wilmington River near Wassaw Sound,

ferrying athletes out the Wilmington

River and into Wassaw Sound from the

south will expose the athletes to a

higher security risk. The Coast Guard is

also concerned with navigational safety

in this area. Wassaw Sound consists

primarily of shoal waters, which create

extremely hazardous conditions if the

area becomes congested with vessels.

For these reasons it would be extremely

difficult to allow unimpeded vessel

traffic in this area while still ensuring

the safety of the Olympic athletes and

of boaters.

In response to these comments, in the

final rule the Coast Guard has modified

the boundaries and the effective times of

the Bull River zone to improve

accessibility while still ensuring the

need for athlete security is met. Based

on the ACOG’s concerns for athlete

security, a security/safety zone will

close all of Tybee Cut and a portion of

the Half Moon River to unaffiliated

vessels from July 6 until August 2, 1996

from 8 a.m. to 7 p.m. EDT daily.

Unaffilated vessels are defined as all

vessels that are not registered with the

ACOG or designated as an Official

Vessel by the Coast Guard Captain of the

Port. However, after internal discussions

within the Coast Guard and in

consultation with the ACOG, the Coast

Guard has decided that from July 6

through 18, 1996, Tybee Cut and parts

of the Half Moon River is the only part

of the proposed Bull River zone which

will be in effect (Tybee Cut/Half Moon

River zone). From July 19 through

August 2, 1996, the safety/security zone

in this area will encompass all of the

Tybee Cut/Half Moon River zone plus a

portion of the Bull River. However, the

boundary proposed in the NPRM across

the Bull River has been shifted south in

the final rule. The boundary of the

proposed Bull River zone ran from Pa

Cooper Creek due east to the marsh

adjacent to the entrance to Bull River.

The new boundary line spans the Bull

River farther south, and provides a one

hour window, for passage thru Tybee

Cut from 1 p.m. to 2 p.m. From July 19

to August 2, Wassaw Sound will be

inaccessible from Bull River from 8 a.m.

to 7 p.m. EDT daily. Tybee Cut will be

used by the Athlete Shuttles and

affiliated vessels from 8 a.m. to 1 p.m.

EDT and from 2 p.m. to 7 p.m. EDT

daily. Unaffiliated vessels will be

allowed access to Tybee Cut, the Half

Moon River, and the Bull River from 1

p.m. to 2 p.m. EDT daily. However,

unaffiliated vessels will not be allowed

to proceed south of the line described in

section 165.T07–062(a)(5). This one

hour access window may slide to a later

time if race delays occur. Additionally,

from 7 p.m. to 8 a.m. EDT daily,

unrestricted access to Tybee Cut, the

Half Moon River and the Bull River will

be allowed.

The Olympic yachting events do not

begin until July 19, though athletes will

be in the area beginning July 6, 1996.

The Coast Guard has decided that

despite the ACOG’s opinion that this

zone need not be effective until July 8,

it is necessary that a zone encompassing

Tybee Cut be effective July 6. Beginning

July 6, 1996, all of the waterside venues

will be considered as being under the

‘‘Olympic umbrella’’ and athletes will

have full access to all venues. Therefore,

as athletes will be ferried through Tybee

Cut beginning July 6, 1996, that date

will remain as the effective date for the

Tybee Cut/Half Moon River zone.

Between July 6 and 19, 1996, the

eastern boundary of the safety/security

zone closing Tybee Cut, the Tybee Cut/

Half Moon River zone, will be the

eastern entrance of the Half Moon River

on the Wassaw Sound. This

modification will allow vessels to

navigate between the Bull River and

Wassaw Sound west of Wassaw Breaker

throughout that time period. Access

between Bull River and Wassaw Sound,

east of Wassaw Breaker, is restricted by

the 200 yard fixed safety/security zone

around the Day Marina. However, the

Coast Guard notes that due to tidal

changes in this area, the access between

Bull River and Wassaw Sound west of

Wassaw Breaker will be a viable

alternative for vessel transit only at

certain tides. As with the proposed Bull

River zone, the Tybee Cut/Half Moon

River zone will only be in effect from 8

a.m. to 7 p.m. EDT, thereby allowing

free transit of vessels throughout almost

all of this area during the evening. This

zone is described in § 165.T07–

062(a)(4).

In light of the modifications to the

proposed Bull River zone discussed

above, and to address security concerns

in the immediate vicinity of the Day

Marina, this final rule contains a new

safety/security zone in Wassaw Sound,

described in § 165.T07–062(6), which

extends in a radius of 200 yards around

the Day Marina. This zone will be in

effect twenty-four hours a day from 8

a.m. EDT July 6, 1996 through 7 p.m.

EDT August 2, 1996. The COTP

anticipates granting permission for

vessels to transit through this zone from

7 p.m. to 8 a.m. EDT daily, under the

condition that vessels remain at a
18952 Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations

distance of at least 50 yards from the

Day Marina.

The Coast Guard received one

comment seeking a dedicated small

vessel viewing area within the Bull

River zone to allow spectator vessels to

view the races. In response to this

comment as discussed above, the

proposed security zone boundary across

the Bull River has been shifted south in

the final rule. This modification is in

addition to the fact that, as discussed

above, access to and from the Bull River

west of Wassaw Breaker will not be

effected until July 19. The new

boundary line spans the Bull River

farther south, though the resulting zone

(termed the Tybee Cut/Bull River/Half

Moon River zone) effectively closes the

eastern and western entrance to Half

Moon River in addition to closing off

access to Tybee Cut. This zone is now

described in § 165.T07–062(a)(5). This

southern shift in the zone boundary will

allow small vessels to get closer to the

racing areas without compromising

safety or security. The Tybee Cut/Bull

River/Half Moon River zone does not

prevent small vessels from viewing the

event from outside the security zone

perimeter. Also as discussed above,

Wassaw Sound will be inaccessible

from Bull River from July 19 to August

2, 1996, but unaffiliated vessels will be

allowed access to Tybee Cut, the Half

Moon River, and the Bull River from 1

p.m. to 2 p.m. EDT daily provided

unaffiliated vessels do not proceed

south of an alternate line described in

section 165.T07–062(a)(5). This one

hour access window may slide to a later

time if race delays occur. The ACOG has

agreed not to run ferries through Tybee

Cut during this time to allow

unimpeded access. This window should

allow adequate time for vessels to

transit without jeopardizing security.

After the Olympic events are completed

for the day, from 7 p.m. to 8 a.m. EDT

daily, the zone will not be effective and

therefore access to Tybee Cut, the Half

Moon River and the Bull River will be

allowed.

A number of comments expressed

concern about the closing of Tybee Cut

and the effect on boating safety that may

have in regard to vessels seeking to

return to port in the case of adverse

weather. The Coast Guard is concerned

with ensuring vessel safety, but notes

that access to Tybee Cut is not required

to ensure vessels can reach a safe harbor

in case of adverse weather. Although the

Coast Guard recognizes that Wassaw

Sound can get choppy in adverse

weather, once a vessel reaches the

vicinity of Cabbage Island, an area

outside all of the safety/security zones,

calmer water can be found. There are

also marinas available and accessible

along the southern end of the

Wilmington River at which vessels may

moor. Therefore, it is the Coast Guard’s

opinion that due to available

alternatives, Tybee Cut need not remain

open to ensure the safety of vessels in

the area.

The Coast Guard received one

comment from the owner of commercial

towing business located on Half Moon

River. This individual had purchased

property on this waterway due to its

proximity to the Olympic venues and

was concerned that he would be unable

to leave his property. The comment

stated that the location was selected

partially based on conversations with

Coast Guard officials last year who had

expressed a need for commercial towing

assistance during the Olympics. The

Coast Guard notes that the boundaries of

the zones in this area, both the Tybee

Cut/Half Moon River and Tybee Cut/

Bull River/Half Moon River, are

carefully tailored to meet the need for

security for Olympic athletes and

officials. The property which is the

subject of the comment is a private

residence which provides a convenient

area for mooring a tow vessel. Although

the Coast Guard realizes that mooring

this vessel at another location may be

inconvenient, there are a number of

available marinas and other areas which

may be used by this business as a

staging area to provide commercial

towing assistance. Access to half Moon

River and Tybee Cut is not needed to

tow any vessel for safety or repairs. As

discussed above, and in part to provide

this business with some flexibility while

at the same time providing for

navigational safety and security, the

zones in the Half Moon River area,

§ 165.T07–062(a)(4), have been revised

to open a one hour window of

opportunity for accessibility via Tybee

Cut and Half Moon River in addition to

the 7 p.m. to 8 a.m. EDT accessibility.

Businesses with mobile assets such as

this, or vessels with draft restrictions,

are advised to seek other staging or

embarkation points if additional

flexibility is needed.

The Coast Guard received several

comments at the public meeting and

seven written comments which

addressed the perceived hardships the

proposed zones would have on the

charter boat industry and marinas

which operate in and around the Bull

River. These comments represented the

interests of vessel owners whose

primary business is fishing charters,

vessels that have been chartered to carry

spectators, and two marinas on the Bull

River that cater to charter vessels and

sailboats. The change in effective dates

of the zone, specifically, the opening of

access between the Bull River and

Wassaw Sound between July 6 through

July 18, 1996 should help alleviate

many of these businesses concerns. For

the period of time when access to the

Bull River is closed off or tidal

conditions make access between the

Bull River and Wassaw Sound difficult

for draft restricted vessels, as discussed

above, there are several alternate routes

vessels may take to transit between the

Bull River and Wassaw Sound. The

most direct route is directly out the

mouth of the Bull River into the Sound,

west of Wassaw Breaker. Subject to tidal

state, this route will be available from

July 6 through 18 as a result of the

modifications in this final rule. Under

both the proposed and final rule, this

route is also available every evening

from 7 p.m. to 8 a.m. EDT. A second

route is up the Bull River to Turner

Creek and then into the Wilmington

River. The second option requires a

vessel to clear the upstream fixed span

Route 80 bridge, which has a vertical

clearance of 20 feet spanning the Bull

River, en route to the Wilmington River.

Three comments noted that any nondirect route between the Bull River and

Wassaw Sound would add significant

time to each trip, with estimates ranging

from one to three hours additional

transit time in each direction for vessels

transiting between the Bull River and

Wassaw Island, a traditional fishing

ground. Most of the vessels affected by

this rule are either too tall to clear the

bridge or can do so only during certain

tidal conditions. Additionally, one

comment noted that even for vessels

that can clear the bridge, the added time

would make the normal fishing charter

trip, which travels to the southeast of

Wassaw Island, unmanageable in a

typical eleven hour fishing day. The

problem is aggravated by the fact that

July and August, the times when the

Bull River zone will be effective, is the

charter industry’s peak season. The

marinas also commented that they

expected to lose revenues as a result of

the loss of charter boat business, loss in

fuel sales and loss in dockage fees from

sailboats. Restaurants and marina

operators also commented that they

expect to lose business because of the

restrictions imposed by the proposed

Bull River zone. Additionally, the

marinas anticipated that the loss in

dockage fees would continue in the

future, citing a perceived trend that

once someone changed to a new marina,

they seldom return the following year.

The Coast Guard notes that portions

of the Bull River, up river from the

Tybee Cut/Bull River/Half Moon River
Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations 18953

security/safety zone are being

designated as a special anchorage area

in a separate final rule. As a result, a

large increase in smaller vessels and

their passengers can be anticipated in

the river. Many of these vessels will not

be constrained by the limited clearance

of the fixed span bridge and will be able

to transit between the Bull River and

Wilmington River during all times of the

day. These vessels will be able to utilize

any dock space vacated by the larger

vessels. Additionally, the large number

of people and vessels expected to use

the anchorage area and the Bull River in

general during the Olympics should

help alleviate some of the lost revenue

for businesses along Bull River. Any

anticipated future losses are merely

speculative. The Coast Guard estimates

that overall in the Savannah area there

will be an increase of 1000–2000 vessels

during the time period when this rule is

in effect. The ACOG estimates that each

day its vessels and officials alone will

use between 7,000 and 10,000 gallons of

gasoline, two tons of ice, and eat over

1600 lunches. Those estimates are in

addition to the need for similar items for

the over 1500 volunteers who will be

assisting with the events and for the

support boats for the racing teams

which will be used through July 19. It

is inevitable that with all of the

expected vessels, there will also be a

large demand for vessel repairs.

In regard to the larger vessels, the

Coast Guard is aware of the

inconveniences that the operation of the

zone will cause, but notes that there are

other locations where these vessels can

dock or anchor that are not affected by

any of the zones. The boundaries of the

Tybee Cut/Bull River/Half Moon River

zone, as well as all the safety/security

zones being adopted by this final rule,

have been narrowly tailored to provide

adequate security while still providing

for the interests of navigation. The Coast

Guard notes that access from the Bull

River to Wassaw Sound will only be

restricted during the days and times that

the majority of athletes and officials will

be present. This will allow access

between the Bull River and Wassaw

Sound during the evening and from July

6 to July 18, 1996. Additionally, as

discussed above, the Captain of the Port

anticipates granting general permission

for all vessels to transit between the Bull

River and Half Moon River and through

Tybee Cut for an hour each afternoon,

usually from 1 to 2 p.m. EDT, to allow

greater accessibility between Bull River

and Wassaw Sound.

Atlantic Ocean and Wassaw Sound

Zone (Proposed Section 165.T07–062(5))

The Coast Guard received three

comments concerning the Atlantic

Ocean/Wassaw Sound zone. The first of

these comments suggested that vessels

and operators be allowed access to the

Atlantic Ocean/Wassaw Sound zone

after successfully undergoing a security

screen. A second related comment

sought access to the northern side of

Wassaw Sound for a commercial charter

business. The combination of security

and safety concerns in the Atlantic

Ocean/Wassaw Sound zone area

combine to prohibit the entrance of any

unaffiliated vessels into this zone. The

implementation of a security screen by

the Coast Guard would pose significant

security and traffic management

problems that would far outweigh any

benefits that may result. Therefore, the

Coast Guard is not adopting that

suggestion and is not allowing access

into this zone. Due to the over 280

competition vessels and 200 powered

support vessels operating and racing in

the area, this and the other safety/

security zones are expected to

experience a high degree of congestion

during the Olympic races. The Coast

Guard believes that to additionally

allow the heavy concentration of

recreational and commercial vessels

expected as spectators into these zones

would create an inherently unsafe

condition. Therefore, even if all security

concerns could be eliminated, which in

and of itself would be a time consuming

and intrusive task, the safety concerns

are too great to allow this type of

controlled access. The Atlantic Ocean/

Wassaw Sound zone is located near

both the Day Marina, where vessels

ferrying Olympic athletes will be

moored and race venue ‘‘A’’, where

athletes and numerous vessels will be

present. In addition, athlete shuttles

will regularly transit the area. As

proposed by the ACOG and as discussed

below, the only spectator vessels

allowed within the zones will be a

controlled number of vessels carrying

passengers with official Olympic tickets

to view the yachting events (ticketed

spectator vessels). Those vessels and the

passengers on board will undergo

extensive security screens prior to entry

into the zone and their movement

within the zone will be strictly

controlled so as not to create a hazard

to navigation.

The Coast Guard also received one

comment from the operator of a sea

kayak business. The business launches

kayaks from the south end of Tybee

Island and the kayaks then proceed to

Myrtle Island. Under the proposed

Atlantic Ocean/Wassaw Sound zone,

Myrtle Island and surrounding water

would be inaccessible as the area would

be encompassed within the zone. The

commentor was concerned the impact of

the zone would have on his business

and asked that the zone be modified so

that the zone ended fifty yards offshore

off the beach of Myrtle Island. In

response to this comment, the Atlantic

Ocean/Wassaw sound zone has been

slightly modified from the proposal to

allow access to the marsh area within 50

yards of Myrtle Island, thereby

providing a large area suitable for

kayaking without compromising safety

or security. Additionally, due to the

modifications to the proposed zones, the

Atlantic Ocean/Wassaw Sound zone has

been renumbered in the final rule and

now is described in § 165.T07–062(7).

Ticketed Vessels

The Coast Guard received one

comment that suggested the ‘‘ticketed’’

vessels that will operate inside the

safety/security zones appear to

represent a privileged fleet, particularly

given the high price of tickets. The

Coast Guard notes that these vessels, as

well as their passengers, will be subject

to the same security measures that

spectators attending shoreside events

will undergo. These vessels are merely

mobile ‘‘bleachers’’ that will operate

within the security envelope subject to

strict instructions from the ACOG and

the Captain of the Port. Tickets are being

sold to all other Olympic events; the

yachting events are no different. The

cost of these tickets is comparable to the

price of tickets for other Olympic

events. As noted above, limiting

spectator vessel access is necessary to

ensure navigational safety and the

security of the Olympic athletes and

associated vessels.

Impacts on Commercial Fishermen

Several comments from commercial

fisherman, commercial crab trappers

and bait draggers in the area expressed

concerns that they would be unduly

impacted by the regulations due to the

combination of the limited areas and

times authorized for fishing by the

safety and security zones and the

limitations imposed by their state issued

fishing licenses. Crab trappers

commented on the inordinate number of

buoys lost in the Wilmington River

during last summer’s regatta and were

concerned that the high volume of

traffic during the Olympics would result

in the loss of large numbers of traps. A

representative for commercial fishermen

and shrimpers at the public meeting

pointed out that there are usually 150–

200 traps out during any given time and
18954 Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations

that during a regatta last summer each

boat lost nearly 50 traps. Concern was

also expressed by a crab trapper on the

effect of delays in entering Turner Creek

and Wilmington River in combination

with the summer heat, which could lead

to loss of many crabs after harvesting.

The Coast Guard has reviewed the

problems raised by the commercial

fishermen which will result from the

combination of heavy vessel traffic and

restrictions on access due to the safety/

security zones. The Coast Guard must

balance these concerns against

concerns, discussed in detail above, for

security and navigational safety. In

trying to strike a balance, the Coast

Guard has had discussions with the

State of Georgia Marine Fisheries

Branch of Georgia Department of

Natural Resources (DNR) which has

been made aware of the concerns of the

fishermen. The DNR is giving

consideration to changing the

authorized locations and/or hours of

operation during the period covered by

the Olympics. These changes would

help alleviate some of the problems

mentioned by commercial fishermen by

reducing the overlap in times when

access to certain areas will be restricted

by the safety/security zones and access

is permitted by state fishing licenses.

The ACOG has agreed to add a

warning to its volunteer training

program and to boating information

given to the participants highlighting

the need to be respectful of crabbers’

traps. The Coast Guard also notes,

though, that some disturbance of traps

is unavoidable and that the

representative at the public meeting

noted that the impacts expected on trap

loss during the Olympics is about the

same as that expected on any busy

weekend.

Additionally, the Coast Guard notes

that the changes in planned operation of

the zone in the Turner Creek/

Wilmington River area (§ 165.T07–

062(2)) to allow direct transit through

the zone, as opposed to making vessels

wait and escorting those vessels in

groups through the zone, should reduce

the concerns about loss of crabs due to

prolonged exposure to heat. Vessels will

be denied immediate transit through

this area only in cases of immediate

safety or security concerns.

Discussion of Regulations

These regulations are intended to

promote secure and safe navigation on

the waters surrounding the Olympic

Village, Olympic ceremonies, Olympic

Marinas, racing venue areas, and athlete

waterborne transits, by controlling the

traffic entering, exiting and traveling

within these waters.

Coast Guard and State Law

Enforcement patrol vessels with a Coast

Guard representative on board will be

on scene to enforce the zones and direct

traffic. No persons or vessels will be

allowed to enter or operate within the

zones while they are in effect, except as

may be authorized by the Captain of the

Port. These regulations are issued

pursuant to 33 U.S.C. 1231 and 50

U.S.C. 191, as set out in the authority

citation of all of Part 165.

The effective dates of the individual

safety/security zones vary, but overall

the zones are in effect from July 6 to

August 4, 1996.

Six fixed and one moving safety/

security zone are being established in

the following areas: (1) Savannah River

(Olympic Village area), all the waters

around the Marriott Hotel-Olympic

Village; (2) Wilmington River/Turner

Creek (Olympic Marina area); (3)

Wilmington River/Tybee Cut, moving

safety/security zones will be placed

around all Olympic Athlete Shuttle

vessels with athletes on board while

transiting between the Olympic Marina

and the Day Marina; (4) Tybee Cut/Half

Moon River, the western entrance to

Tybee Cut and the western and eastern

approach to Half Moon River (July 6–

18); (5) Tybee Cut/Bull River/Half Moon

River, the western entrance to Tybee

Cut, the western approach to Half Moon

River and southern entrance to the Bull

River (July 19–August 2); (6) Wassaw

Sound, a fixed security zone will be

placed around the Day Marina; and (7)

the Atlantic Ocean and Wassaw Sound

offshore racing areas, which includes

the area from Myrtle Island until the

Wilmington River and the area from

Wilmington Island until the junction of

the Half Moon and Bull Rivers. The

following is a detailed description of

each zone and its effective times.

Olympic Village: This zone will be in

effect 24 hours a day from 8 a.m. EDT

July 6 to 12 p.m. EDT August 4, 1996

and will affect the entire width of the

Savannah River for a distance of 1,000

yards centered on the Marriott Hotel.

Vessels representing the Captain of the

Port will be available to escort

unaffiliated vessels desiring to transit

the area. Unaffiliated vessels are defined

as all vessels that are not registered with

the ACOG or designated as an Official

Vessel by the Coast Guard Captain of the

Port. Vessels will be asked to transit

along the Northern side of the channel.

During periods of heavy recreational

traffic, delays should be expected.

Priority will be given to commercial

traffic. On July 20th, July 29th and

August 2nd the zone will be extended

500 yards to the west from 7:30 p.m. to

10:30 p.m. EDT for the opening, medal,

and closing ceremonies. No vessels will

be allowed to transit the zone during

these times.

Olympic Marina: This zone will be in

effect 24 hours a day from 8 a.m. EDT

July 6 to 7 p.m. EDT August 2, 1996 and

will extend across the mouth of Turner

Creek, just east of Sail Harbor. The zone

will extend 200 yards west into the

Wilmington River from Turner Rock and

run south to a point due west of the first

private dock, and then easterly to the

shore. Vessels will need permission

from a Coast Guard official acting for the

COTP in the vicinity prior to transiting

into or out of Turner Creek. Once

permission is granted to transit the

zone, unaffiliated vessels will not be

allowed to stop or loiter in the vicinity

of Sail Harbor or the Sheraton Complex.

The COTP anticipates routinely granting

permission to transit the zone, but

should the number of vessels seeking to

transit this area reach a number that

compromises athlete security the Coast

Guard may escort groups of vessels

through the area, require one-way

transits, or deny access for short time

periods. Delays should be minimal.

Wilmington River/Tybee Cut: A 75

yard moving safety/security zone will be

enforced around Athlete Shuttles from 8

a.m. to 7 p.m. EDT daily from July 6 to

August 2, 1996 as they transit from the

Olympic Marina (Sheraton) to the Day

Marina at Beach Hammock. Vessel

operators will need to be alert for the

approach of these vessels and stand

clear. Athlete shuttle vessels will be in

continuous operation from 8 a.m. to 7

p.m. EDT and will proceed down the

eastern side of the Wilmington River,

through Tybee Cut, into Half Moon

River and then to the Day Marina

located in Wassaw Sound. The same

route will be used for return trips.

Tybee Cut/Half Moon River: This

safety/security zone closes Tybee Cut to

all unaffiliated vessels from 8 a.m. to 7

p.m. EDT daily from July 6 to July 18,

1996. From July 19 through August 2,

1996 the area encompassed by this

becomes part of the Tybee Cut/Bull

River/Half Moon River zone. As part of

this zone, the entrance to the Half Moon

River just west of the intersection with

Tybee Cut will also be closed. The

eastern boundary of this zone will be

the eastern entrance of the Half Moon

River on Wassaw Sound. Wassaw

Sound, west of Wassaw Breaker will be

open to vessel traffic during this time.

Tybee Cut will be used by the Athlete

Shuttles and affiliated vessels from 8

a.m. to 1 p.m. EDT and from 2 p.m. to

7 p.m. EDT. The Captain of the Port, via

Broadcast Notice to Mariners, will grant

general permission for all vessels to

transit between the Bull River and Half
Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations 18955

Moon River and between Tybee Cut and

Wilmington River. This one hour access

window may slide to a later time if race

delays occur. Additionally from 7 p.m.

to 8 a.m. EDT daily, unrestricted access

to Tybee Cut, the Half Moon River and

the Bull River will be allowed.

Tybee Cut/Bull River/Half Moon

River: This zone is effective from July 19

to August 2. The zone will encompass

the entire area of the Tybee Cut/Half

Moon River zone described above,

including closing Tybee Cut, but the

eastern boundary will shift to be across

the Bull River at the Northern end of

Wassaw Sound. As a result, from July 19

to August 2, Wassaw Sound will be

inaccessible from Bull River from 8 a.m.

to 7 p.m. EDT daily. Tybee Cut will

continue to be used by the Athlete

Shuttles and affiliated vessels from 8

a.m. to 1 p.m. EDT and from 2 p.m. to

7 p.m. EDT. Unaffiliated vessels will be

allowed access to Tybee Cut, the Half

Moon River, and the Bull River from 1

p.m. to 2 p.m. EDT daily. However,

unaffiliated vessels will not be allowed

to proceed south of an alternate line

described in section 165.T07–062(a)(5).

This one hour access window may slide

to a later time if race delays occur.

Additionally from 7 p.m. to 8 a.m. EDT

daily, unrestricted access to Tybee Cut,

the Half Moon River and the Bull River

will be allowed.

Wassaw Sound: A 200 yard safety/

security zone will be in effect 24 hours

a day form 8 a.m. EDT July 6 to 7 p.m.

EDT August 2, 1996 around the Day

Marina. No unaffiliated vessels will be

allowed access to the zone from 8 a.m.

to 7 p.m. EDT. Note that beginning July

19 when the Tybee Cut/Bull River/Half

Moon River and Wassaw Sound/

Atlantic Ocean safety/security zones are

in effect this zone around the Day

Marina, is fully encompassed by those

zones. From 7 p.m. to 8 a.m. EDT all

vessels will be granted permission to

transit this zone between Wassaw

Sound and the Bull River, under the

condition that the vessels may not

proceed closer than 50 yards to the Day

Marina, and must obtain prior

authorization from Coast Guard Vessels

patrolling the zone.

Wassaw Sound/Atlantic Ocean: The

approximately 14 mile long safety/

security zone offshore will be

established from July 19 to August 3,

1996 and will be in effect 24 hours a

day. From 8 a.m. to 7 p.m. EDT no

unaffiliated vessels will be granted

permission to enter this zone. Vessels

desiring to transit the area from 7 p.m.

to 8 a.m. EDT will need to check in with

Coast Guard vessels in the vicinity for

permission. The Coast Guard expects to

grant such permission, provided there

are no immediate safety or security

concerns.

The regulations for the offshore racing

areas included within this zone will be

enforced for the race venues which are

located within the navigable waters of

the United States. These regulations are

necessary to minimize navigational

dangers and to ensure the safety and

security of Olympic athletes and

affiliated vessels operating within the

Olympic venue. Nonobligatory

guidelines are included in the

regulatory language for that portion of

the racing venue which falls outside the

navigable waters of the United States.

Entry into this safety/security zone by

other than affiliated vessels will be

prohibited without permission of the

Captain of the Port or the Olympic

Patrol Commander.

Olympic Torch: The Coast Guard is

establishing a moving safety zone for the

vessel which will carry the Olympic

torch to the Savannah waterfront, prior

to the commencement of the 1996

Olympic Games. The exact route of the

torch is uncertain at this time. The zone

will commence either, on the Savannah

River in the vicinity of Coast Guard

Station Tybee and continue west up

river to the Highway 17A bridge

(Talmadge bridge), or at the mouth of

the Wilmington River and proceed to

the Savannah River via the ICW and

thence westerly to the Highway 17A

bridge. The safety zone is needed for the

protection of the vessel carrying the

Olympic torch. The Captain of the Port

will provide escort vessels and restrict

approaching vessel operations in

support of the moving safety zone.

Olympic Fireworks: Finally, the Coast

Guard is establishing a safety zone for

a fireworks display in connection with

Olympic festivities, on the Savannah

River in the vicinity of Rousakis Plaza.

The safety zone is needed to protect

vessels, facilities, and personnel from

safety hazards associated with the

storage, preparation, and launching of

fireworks. The Captain of the Port is

restricting vessel operations in the

safety zone.

Regulatory Evaluation

These regulations are not a significant

regulatory action under section 3(f) of

Executive Order 12866 and do not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has been exempted from review

by the Office of Management and

Budget 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. As discussed in the

preamble, the boundaries, effective

dates and times of all of the safety/

security zones in this rule have been

carefully tailored to meet the needs of

security for the Olympic athletes while

still providing for navigational safety.

The 1,000 to 2,000 extra vessels

expected to be in the Savannah area for

the Olympics will bring a large amount

of extra business into the area for many

of the businesses affected by this rule.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this rule will have

a significant effect on a substantial

number of small entities. ‘‘Small

entities’’ may include (1) small

businesses and not for profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

Over 1,100 athletes and coaches

representing over 80 countries, over 300

competition vessels, as well as

approximately 1,000 to 2,000 support

and spectator vessels are expected to

arrive and participate in the festivities

of the 1996 Olympic yachting

competition. To ensure the security of

the Olympic athletes and support

personnel and to ensure the safety of the

large volume of recreational and

spectator vessels expected in the area,

the Coast Guard is establishing these

safety/security zones. The Coast Guard

realizes that this rule will have some

effect on some small entities, but the

rule has been narrowly tailored to

provide for security of the athletes and

navigational safety on the waterways.

The effective dates and times as well as

the boundaries of the zones have been

examined to ensure that they restrict

movement only to the extent necessary

to ensure security and navigational

safety. Many of the zones are only in

effect from 8 a.m. to 7 p.m. EDT when

athletes are most likely to be in the

areas, providing unlimited access to

many areas each evening. As discussed

in the preamble, alternate routes to

those routes affected by this rule exist

for many of the zones. If a vessel needs

to transit through a zone, the COTP may

grant permission for vessel transit even

when the zone is in effect. To help

vessels plan transits, the Coast Guard

has provided details in this rule as to

times and places when the COTP

anticipates granting such permission

and how vessels may request such
18956 Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations

permission. As discussed in the

preamble, the Olympic yachting events

will bring large numbers of people and

vessels into the area. Although the effect

of this rule on small business is difficult

to quantify, the Coast Guard expects that

losses incurred by small entities as a

result of this rule may be offset by a

large increase in potential customers,

albeit temporary.

For the reasons discussed above,

including the determination that this

rule is not economically significant, the

Coast Guard certifies under section

605(b) of the Regulatory Flexibility Act

(5 U.S.C. et seq.) that this rule will not

have a significant economic impact on

a substantial number of small entities.

Collection of Information

This rule contains no collection-ofinformation 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

the 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 rule

consistent with Section 2.B.2. of

Commandant Instruction M16475.1B. In

accordance with that section, this action

has been environmentally assessed (EA

completed), and the Coast Guard has

concluded that it will not significantly

affect the quality of the human

environment. An environmental

assessment and finding of no significant

impact has been prepared and is

available for copying and inspection

where indicated under the ADDRESSES

section above.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Final Regulations

In consideration of the foregoing, Part

165 of Title 33, Code of Federal

Regulations, the Coast Guard amends 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.T07–062 is added to

read as follows:

§ 165.T07–062 Safety/Security Zones:

Savannah River, Wilmington River and

Turner Creek, Bull River and Wassaw

Sound, GA.

(a) Safety/Security zones. The

following areas are safety/security zones

(all coordinates referenced use Datum:

NAD 1983):

(1) Marriott Hotel/Olympic Village.

The safety/security zone is in the

following area: from the Marriott Hotel

Olympic Village on the Savannah River

in position:

32° 04′ 48′′ N, 81° 04′ 54′′ W; thence

east to

32° 04′ 45′′ N, 81° 04′ 44′′ W; thence

west to

32° 04′ 49′′ N, 81° 05′ 05′′ W.

This zone includes all waters within

the above noted area in the Savannah

River from shore to shore. This zone is

extended an additional 500 yards to the

west for opening (July 20, 1996) and

closing ceremonies (August 2, 1996) as

well as the award ceremonies (July 29,

1996).

(2) Olympic Marina; Wilmington River

and Turner Creek. The safety/security

zone is in the following area for the

Olympic Village: On the Wilmington

River Commencing at position:

32° 00′ 41′′ N, 81° 00′ 16′′ W; thence

west 200 yards to

32° 00′ 34′′ N, 81° 00′ 22′′ W; then

southerly to

32° 00′ 13′′ N, 81° 00′ 12′′ W; then east

to the shore of Wilmington Island.

Shoreside to the entrance of Turner

Creek.

The eastern boundary of this zone is

established in the following position:

32° 00′ 32′′ N, 80° 59′ 55′′ W; thence

north to

32° 00′ 37′′ N, 80° 59′ 53′′ W.

(3) Wilmington River and Tybee Cut.

A moving safety/security zone is in the

following areas:

All waters within a 75 yard radius

around all Olympic athlete shuttle

vessels with Olympic athletes and

officials onboard. These vessels will be

transiting the Wilmington River in the

area between the Olympic Marina at

position:

32° 00′ 34′′ N, 80° 59′ 55′′ W; thence

southeast via the Wilmington River

and Tybee Cut to,

31° 56′ 40′′ N, 80° 55′ 46′′ W; the

Olympic Day Marina.

(4) Tybee Cut/Half Moon River. This

safety/security zone closes Tybee Cut

and the eastern approach to the Half

Moon River to all unaffiliated vessels, at

the following positions:

(i) Tybee Cut from shore to shore

across the entrance at position:

31° 57′ 06′′ N, 80° 59′ 09′′ W.

(ii) Half Moon River (west) extending

from shore to shore from position:

31° 58′ 15′′ N, 80° 57′ 46′′ W;

northeast to

31° 58′ 16′′ N, 80° 57′ 36′′ W.

(iii) Half Moon River (east) extending

from shore to shore from position:

31° 57′ 42′′ N, 80° 57′ 05′′ W; thence

northerly to

31° 57′ 53′′ N, 80° 57′ 00′′ W.

This zone includes all of Tybee Cut.

(5) Tybee Cut/Bull River/Half Moon

River. This safety/security zone closes

Tybee Cut, the southern entrance to the

Bull River, and the eastern approach to

the Half Moon River to all unaffiliated

vessels, at the following positions:

(i) Tybee Cut from shore to shore

across the entrance at position:

31° 57′ 06′′ N, 80° 59′ 09′′ W.

(ii) Half Moon River extending from

shore to shore from position:

31° 58′ 15′′ N, 80° 57′ 46′′ W;

northeast to

31° 58′ 16′′ N, 80° 57′ 36′′ W.

(iii) Primary Bull River the southern

most tip of Wilmington Island at

position:

31° 57′ 50′′ N, 80° 56′ 55′′ W; east to

Little Tybee Island

31° 57′ 35′′ N, 80° 55′ 55′′ W.

Alternate Bull River from the

northeastern most point of Cabbage

Island at position:

31° 57′ 35′′ N, 80° 56′ 55′′ W; east to

Little Tybee Island

31° 57′ 35′′ N, 80° 55′ 55′′ W.

This zone includes all of Tybee Cut

and establishes the northwestern

boundary of the Atlantic safety/security

zone described in paragraph (a)(6).

(6) Day Marina/Wassaw Sound. This

safety/security zone extends in a radius

of 200 yards around the Olympic Day

Marina located in approximate position

32° 56′ 40′′ N, 81° 55′ 52′′ W.

(7) Atlantic Ocean and Wassaw

Sound. The following areas are a safety/

security zone:

(i) from a position in Wassaw Sound

at:

31° 57′ 32′′ N, 80° 56′ 31′′ W; thence

east to Little Tybee Island, at 31° 57′

30′′ N, 80° 51′ 45′′ W following the

southern shoreline of Little Tybee

Island to 31° 58′ 16′′ N, 80° 51′ 45′′

W thence southeast.

31° 58′ 00′′ N, 80° 50′ 48′′ W; thence

southeast

31° 57 ′ 45′′ N, 80° 50′ 08′′ W; thence

southeast

31° 57′ 27′′ N, 80° 49′ 21′′ W; thence

south

31° 56′ 21′′ N, 80° 48′ 48′′ W; thence

southwest to

31° 55′ 34′′ N, 80° 49′ 11′′ W; thence

southwest to

31° 54′ 45′′ N, 80° 49′ 34′′ W; thence
Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations 18957

southwest to

31° 53′ 58′′ N, 80° 49′ 55′′ W; thence

southwest to

31° 53′ 09′′ N, 80° 50′ 19′′ W; thence

west to

31° 52′ 45′′ N, 80° 52′ 00′′ W; thence

northwest to

31° 53′ 06′′ N, 80° 52′ 30′′ W; thence

northwest to

31° 53′ 36′′ N, 80° 53′ 15′′ W; thence

northwest to

31° 54′ 32′′ N, 80° 54′ 27′′ W; thence

northwest to

31° 54′ 48′′ N, 80° 54′ 55′′ W; thence

west to

31° 55′ 02′′ N, 80° 56′ 20′′ W; thence

to a curved line following the outer

edge of Race Course Circle A

northwest to 31° 56′ 11′′ N, 80° 58′

14′′ W; east northeast to Cabbage

Patch Island at position 31° 56′ 18′′

N, 80° 58′ 04′′ W following the

southern shoreline of Cabbage Patch

Island to 31° 57′ 30′′ N, 80° 56′ 57′′

W thence east to 31° 57′ 32′′ N, 80°

56′ 31′′ W. (ii) In Wassaw Sound

from the southern tip of

Wilmington Island at the junction

of the Half Moon and Bull Rivers at

position:

31° 57′ 47′′ N, 80° 56′ 25′′ W; thence

southeast to

31° 57′ 33′′ N, 80° 55′ 55′′ W; thence

south including all the waters of

Wassaw Sound.

(b) Definitions.

(1) Unaffiliated vessels. All vessels

that are not registered with the Atlanta

Committee on the Olympic Games

(ACOG) or designated as an Official

Vessel by the Coast Guard Captain of the

Port are unaffiliated vessels.

(2) The ACOG vessels. All vessels that

are registered with the ACOG.

(3) Olympic athlete shuttle vessels.

The ACOG vessels ferrying Olympic

athletes between the Olympic Marina

and the Day Marina.

(4) Participant. Any competition

vessel or vessel directly supporting

competition that is registered with the

ACOG while in performance of its

official function relative to a given race.

(5) Competition Vessels. Any vessel

approved and designated by the ACOG

for participation in sanctioned racing.

(6) Official Vessels. Official Vessels

are all U.S. Coast Guard, U.S. Coast

Guard Auxiliary, state and local law

enforcement, and civilian vessels

designated by the Coast Guard Captain

of the Port.

(7) Captain of the Port. A Captain of

the Port has been designated by the

Commander, Seventh Coast Guard

District. The Captain of the Port has the

authority to control the movement of all

vessels operating in the regulated areas

and may suspend the races at any time

it is deemed necessary for the protection

of life and property.

Note: The Captain of the Port may be

contacted during the regulatory periods on

VHF/FM Channel 16 (156.8 MHZ) or Channel

22 (157.1 MHZ) by calling ‘‘Coast Guard

Captain of the Port’’ or ‘‘Coast Guard Marine

Safety Office Savannah’’.

(8) Coast Guard Vessels. Any Coast

Guard vessel or other vessel with a

Coast Guard representative onboard.

(c) Effective dates.

(1) Marriott Hotel/Olympic Village.

The safety/security zone is effective

from 8 a.m. EDT July 6, 1996, and

terminates at 12 p.m. EDT August 4,

1996. From 7:30 p.m. until 10:30 p.m.

EDT on July 20, July 29, and August 2,

1996 the zone is extended 500 yards

west for the opening, medals, and

closing ceremonies.

(2) Olympic Marina; Wilmington River

and Turner Creek. This safety/security

zone is effective from 8 a.m. EDT July

6, 1996, and terminates at 7 p.m. EDT

August 2, 1996.

(3) Wilmington River/Tybee Cut. This

moving safety/security zone is effective

from 8 a.m. to 7 p.m. EDT daily from

July 6, 1996 until August 2, 1996.

(4) Tybee Cut/Half Moon River. This

safety/security zone is effective between

8 a.m. and 7 p.m. EDT daily from July

6, 1996 until July 18, 1996. The Captain

of the Port may authorize access to

Tybee Cut and Half Moon River between

approximately 1 p.m. and 2 p.m. EDT

daily.

(5) Tybee Cut/Bull River/High Moon

River. This safety/security zone is

effective between 8 a.m. and 7 p.m. EDT

daily from July 19, 1996 until August 2,

1996. The alternate Bull River position

granting access to Tybee Cut and Half

Moon River is effective between

approximately 1 p.m. and 2 p.m. EDT

daily, unless otherwise published by the

Captain of the Port in the Local Notice

to Mariners.

(6) Day Marina/Wassaw Sound. This

safety/security zone is effective from 8

a.m. EDT July 6, 1996 to 7 p.m. EDT

August 2, 1996.

(7) Atlantic Ocean and Wassaw

Sound. This safety/security zone is

effective between the hours of 10 a.m.

and 7 p.m. EDT daily, commencing July

19, 1996 to August 2, 1996 on each race

date.

The Captain of the Port may elect not

to implement the regulations on those

race dates when the races are postponed

or canceled; announcement to that effect

will be made by Broadcast Notice to

Mariners.

(d) Regulations.

(1) In accordance with the general

regulations in § 165.23 and § 165.33 of

this part, entry into the zones

established by this regulation is

prohibited unless authorized by the

Captain of the Port or a Coast Guard

commissioned, warrant, or petty officer

designated by him. Section 165.33 also

contains other general requirements.

(2) For the Atlantic Ocean/Wassaw

Sound security/safety zone, described in

(a)(7), on those waters within the

Olympic offshore race venue which fall

within the navigable waters of the

United States, i.e., those waters within

three nautical miles of the baseline from

which the territorial sea is measured,

the following regulations apply:

(i) Unaffiliated vessels shall remain

outside the course perimeter, as marked

by the ACOG vessels and Official

Vessels.

(ii) All vessels shall follow the

instructions of any Coast Guard, Coast

Guard Auxiliary or state law

enforcement vessels.

Note: The regulations specified in

paragraph (d)(2) apply only within the

navigable waters of the United States. In all

waters within the Olympic offshore race

venue which fall outside the navigable

waters of the United States, during the

specified dates and times, the following

nonobligatory guidelines apply:

(A) All unaffiliated vessels should

remain clear of the race venue and avoid

interfering with any participant, the

ACOG or Official Vessel. Interference

with race activities may constitute a

safety hazard warranting cancellation or

termination of all or part of the race

activities by the Captain of the Port.

(B) Any unauthorized entry within

the race course perimeter, as marked by

the ACOG and Official Vessels, 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.

3. A new temporary § 165.T07–077 is

added to read as follows:

§ 165.T07–077 Safety Zone: Savannah

River, Savannah, GA.

(a) Location. The following area is a

moving safety zone: All waters within a

75 yard radius around the vessel that

carries the Olympic torch to the

Savannah waterfront. The exact route of

the vessel carrying the torch will be

announced via Broadcast Notice to

Mariners before the zone is in effect.

The zone commences either, on the

Savannah River in the vicinity of Coast

Guard Station Tybee (approximate

position of 32° 02′ 10′′ N, 80° 54′ 16′′ W)

and continue west up river to the

Highway 17A bridge (Talmadge bridge)

(approximate position 32° 05′ 13′′ N, 81°
18958 Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Rules and Regulations

05′ 47′′ W), or at the mouth of the

Wilmington River and proceed to the

Savannah River via the Intracoastal

Waterway (ICW) and thence westerly to

the Highway 17A bridge. All

coordinates referenced use Datum: NAD

1983.

(b) Effective date. This section is

effective at 6 p.m. and expires at 10 p.m.

EDT on July 9, 1996, unless terminated

sooner by the Captain of the Port,

Savannah, GA.

(c) Regulations. In accordance with

the general regulations in Section

165.23 of this part, entry into the zone

is subject to the following requirements:

(1) This safety zone is closed to all

marine traffic, except as may be

permitted by the Captain of the Port or

his representative.

(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 regardless of the support

platform.

(3) 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 or

81, or vessel operators may determine

the restrictions in effect for the safety

zone by coming alongside a vessel

patrolling the perimeter of the safety

zone.

(5) The Captain of the Port will issue

a Marine Safety Information Broadcast

Notice to Mariners to notify the

maritime community of the safety zone

and restrictions imposed. Coast Guard

vessels enforcing the zones will have

informational handouts. Information

will also be available at local marinas.

4. A new temporary § 165.T07–078 is

added to read as follows:

§ 165.T07–078 Safety Zone: Savannah

River, Savannah, GA.

(a) Location. The following area is a

safety zone: All waters within a 50 yards

radius around a fireworks barge in the

vicinity of Rousakis Plaza, Savannah

River, Savannah, GA at an approximate

position of 32°04′.55 N, 81°05′.27 W. All

coordinates referenced use Datum: NAD

1983. The Savannah River will be

closed to all vessel transits, during the

actual fireworks display.

(b) Effective date. This section is

effective at 9:15 p.m. and expires at 11

p.m. EDT on July 4, 1996, unless

terminated sooner by the Captain of the

Port, Savannah, GA.

(c) Regulations. In accordance with

the general regulations in Section

165.23 of this part, entry into the zone

is subject to the following requirements:

(1) This safety zone is closed to all

marine traffic, except as may be

permitted by the Captain of the Port or

his representative.

(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 regardless of the support

platform.

(3) 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 or

81, or vessel operators may determine

the restrictions in effect for the safety

zone by coming alongside a vessel

patrolling the perimeter of the safety

zone.

(5) The Captain of the Port will issue

a Marine Safety Information Broadcast

Notice to Mariners to notify the

maritime community of the safety zone

and restrictions imposed. Coast Guard

vessels enforcing the zones will have

informational handouts. Information

will also be available at local marinas.

Dated: April 23, 1996.

Roger T. Rufe, Jr.,

Rear Admiral, U.S. Coast Guard, Commander,

Seventh Coast Guard District.

[FR Doc. 96–10556 Filed 4–29–96; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IA 003–1003; FRL–5455–4]

Approval and Promulgation of

Implementation Plans and Delegation

of 112(l); State of Iowa

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: On August 4, 1995, the EPA

published a proposed rulemaking to

approve Iowa’s voluntary operating

permit program to serve as an

alternative for sources otherwise subject

to Title V of the Clean Air Act (the Act).

No adverse comments were received on

the proposed rulemaking. The EPA is

now taking final action to approve this

program.

EFFECTIVE DATE: This rule will become

effective on May 30, 1996.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the: Environmental

Protection Agency, Air Planning and

Development Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101; and

EPA Air & Radiation Docket and

Information Center, 401 M Street, SW.,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Christopher D. Hess at (913) 551–7213.

SUPPLEMENTARY INFORMATION: At 60 FR

39907, dated August 4, 1995, the EPA

published a proposed rulemaking to

approve Iowa’s voluntary operating

permit program as part of the State

Implementation Plan (SIP) and pursuant

to section 112(l) of the Act. This

program serves as an alternative for

sources which might otherwise be

subject to Title V. In Section V of the

August 4, 1995, Federal Register

document proposing approval of Iowa’s

program, the EPA cited four regulatory

deficiencies for the state to correct in

order for EPA to proceed with final

rulemaking. These four deficiencies

concerned the definition of 12-month

rolling period; fugitive emissions;

eligibility for a voluntary permit; and a

requirement that permit limitations,

controls, and requirements be

enforceable as a practical matter. The

state adopted these changes and

submitted them to the EPA under the

signature of Larry Wilson, Director,

Iowa Department of Natural Resources,

on February 16, 1996. For further

information on these items, the reader

should consult the proposed rulemaking

and the technical support document.