54686 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 

such expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not concern an environmental risk 

to health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedure; and related management 

system practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 5100.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded under the Instruction 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, this rule is 

categorically excluded, under figure 2– 

1, paragraph (34)(g), of the Instruction, 

from further environmental 

documentation. 

A final ‘‘Environmental Analysis 

Check List’’ and ‘‘Categorical Exclusion 

Determination’’ are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. A new temporary § 165.T09–0914 is 

added as follows: 

§ 165.T09–0914 Safety zone; Milwaukee 

River Challenge, Milwaukee River, 

Milwaukee, WI. 

(a) Location. The following area is a 

temporary safety zone: All waters of the 

Milwaukee River from the junction with 

the Menomonee River at position 

43°01′55′′ N, 087°54′40′′ W to the 

Humboldt Avenue Bridge at position 

43°03′25′′ N, 087°53′53′′ W. All waters of 

the Menomonee River from the Twentyfifth St. Bridge at position 43°01′58′′ N, 

087°56′41′′ W to the junction with the 

Milwaukee River. (DATUM: NAD 83). 

(b) Effective period. This regulation is 

effective from 9 a.m. to 5 p.m. on 

September 20, 2008. 

(c) Regulations. 

(1) In accordance with the general 

regulations in section 165.23 of this 

part, entry into, transiting, or anchoring 

within this safety zone is prohibited 

unless authorized by the Captain of the 

Port Lake Michigan, or his on-scene 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Lake Michigan or his on-scene 

representative. 

(3) The ‘‘on-scene 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 to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Lake 

Michigan or his on-scene representative 

to obtain permission to do so. The 

Captain of the Port or his on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Lake Michigan or his onscene representative. 

Dated: August 27, 2008. 

B.C. Jones, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. E8–22128 Filed 9–22–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0860] 

RIN 1625–AA00 

Safety Zone; Neptune Festival, Atlantic 

Ocean, Virginia Beach, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 54687 

SUMMARY: The Coast Guard is 

establishing a 420-foot radius safety 

zone on the Atlantic Ocean in the 

vicinity of the 14th Street Fishing Pier, 

Virginia Beach, Virginia, in support of 

the Neptune Festival Fireworks event. 

This action is intended to protect 

mariners from the hazards associated 

with fireworks displays by restricting 

vessel traffic movement in the vicinity 

of the event. 

DATES: This rule is effective from 9 p.m. 

until 10 p.m. on September 27, 2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008– 

0860 and are available online at 

http://www.regulations.gov. They are 

also available for inspection or copying 

in two locations: the Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays; and the Sector 

Hampton Roads, Norfolk Federal 

Building, 200 Granby St., 7th Floor, 

Norfolk, VA 23510 between 9 a.m. and 

2 p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Lieutenant Tiffany Duffy, 

Chief, Waterways Management Division, 

Sector Hampton Roads at (757) 668– 

5580. If you have questions on viewing 

the docket, call Renee V. Wright, 

Program Manager, Docket Operations, 

telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because any 

delay encountered in this regulation’s 

effective date by publishing a NPRM 

would be contrary to public interest 

since immediate action is needed to 

provide for the safety of life and 

property during the fireworks display. 

Additionally, this temporary safety zone 

will only be enforced for one hour on 

September 27, 2008 and should have 

minimal impact on vessel transits 

because vessels may safely transit 

through the zone when authorized by 

the Captain of the Port or his 

Representative or they may transit 

around the safety zone. For the same 

reasons above, under 5 U.S.C. 553(d)(3), 

the Coast Guard finds that good cause 

exists for making this rule effective less 

than 30 days after publication in the 

Federal Register. 

Background and Purpose 

On September 27, 2008, Zambelli 

International will sponsor a fireworks 

display on the Atlantic Ocean shoreline 

centered on position 36°50′36′′ N/ 

75°58′12′′ W (NAD 1983). Due to the 

need to protect mariners and spectators 

from the hazards associated with the 

fireworks display, access will be 

temporarily restricted within 420 feet of 

the fireworks launch site. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone in the vicinity of 

Virginia Beach, VA on September 27, 

2008. The center of the safety zone is 

36°50′36′′ N/75°58′12′′ W (NAD 1983), 

and such safety zone will extend 420 

feet in all directions from that point. In 

the interest of public safety, access to 

the safety zone will be restricted from 9 

p.m. to 10 p.m. on September 27, 2008. 

Except for participants and vessels 

authorized by the Coast Guard Captain 

of the Port or his representative, no 

person or vessel may enter or remain in 

the safety zone. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, 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 not reviewed it under that 

Order. Although this regulation restricts 

access to the safety zone, the effect of 

this rule will not be significant because: 

(i) The safety zone will be in effect for 

a limited duration; (ii) the zone is of 

limited size; and (iii) the Coast Guard 

will make notifications via maritime 

advisories so mariners can adjust their 

plans accordingly. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule may affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit or anchor 

within the specified safety zone during 

the enforcement period. 

The safety zone will not have a 

significant economic impact on a 

substantial number of small entities 

because the zone will only be enforced 

for a limited time and is of limited size. 

Additionally, vessel traffic can pass 

safely around the zone. Before the 

effective period, maritime advisories 

will be issued and made widely 

available to waterway users. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 


jlentini on PROD1PC65 with RULES
54688 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 5100.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded under the Instruction 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, this rule is 

categorically excluded, under figure 2– 

1, paragraph (34)(g), of the Instruction, 

from further environmental 

documentation. Under figure 2–1, 

paragraph (34)(g), of the Instruction, an 

‘‘Environmental Analysis Check List’’ 

and a ‘‘Categorical Exclusion 

Determination’’ will be available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T05–0860, to 

read as follows: 

§ 165.T05–0860 Safety Zone: Neptune 

Festival Fireworks Event, Atlantic Ocean, 

Virginia Beach, VA. 

(a) Regulated Area. The following area 

is a safety zone: All navigable waters 

from position 36°50′36′′ N/75°58′12′′ W 

(NAD 1983) and extending out 420 feet 

from that point in the vicinity of 14th 

Street Fishing Pier, Virginia Beach, 

Virginia. 

(b) Definitions. As used in this 

section, Captain of the Port 

Representative means any U.S. Coast 

Guard commissioned, warrant or petty 

officer who has been authorized by the 

Captain of the Port Hampton Roads, 

Virginia to act on his behalf. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Hampton Roads or 

his designated representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port Hampton 

Roads and the Sector Duty Officer at 

Sector Hampton Roads in Portsmouth, 

Virginia can be contacted at telephone 

number (757) 668–5555. 

(4) The Captain of the Port 

Representative enforcing the safety zone 

can be contacted on VHF–FM marine 

band radio, channel 13 (156.65Mhz) and 

channel 16 (156.8Mhz). 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(e) Enforcement Period. This rule is 

enforced on September 27, 2008 from 9 

p.m. to 10 p.m. 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 54689 

Dated: September 2, 2008. 

Patrick B. Trapp, 

Captain, U.S. Coast Guard, Captain of the 

Port, Hampton Roads. 

[FR Doc. E8–22237 Filed 9–22–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2007–0157] 

RIN 1625–AA87 

Security Zone; Escorted Vessels, 

Savannah, GA, Captain of the Port 

Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is adopting 

a security zone interim rule published 

in July 2008 as a final rule. This rule 

creates a security zone around any 

vessel escorted by one or more Coast 

Guard, State, or local law enforcement 

assets on the navigable waters of the 

Captain of the Port (COTP) Zone, 

Savannah, Georgia. This action is 

necessary to protect personnel, vessels, 

and facilities from sabotage or other 

subversive acts, accidents, or other 

events of a similar nature. No vessel or 

person will be allowed in this zone 

unless authorized by the Captain of the 

Port or a designated representative. 

DATES: Effective October 23, 2008, the 

interim rule amending 33 CFR part 165 

which was published at 73 FR 37835 on 

July 2, 2008, is adopted without change 

as a final rule. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2007– 

0157 and are available online at 

http://www.regulations.gov. They are 

also available for inspection or copying 

at two locations: The Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays, and the U.S. 

Coast Guard Marine Safety Unit 

Savannah, 100 West Oglethorpe 

Avenue, Suite 1017, Savannah, GA 

31401 between 7:30 a.m. and 3:30 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Lieutenant Jeanita Jefferson, U.S. Coast 

Guard Marine Safety Unit Savannah at 

(912) 652–4353. If you have questions 

on viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On July 2, 2008, we published an 

interim rule with request for comments 

entitled ‘‘Security Zone; Escorted 

Vessels, Savannah, GA, Captain of the 

Port Zone’’ in the Federal Register (73 

FR 37835). We did not receive any 

letters commenting on the interim rule. 

No public meeting was requested, and 

none was held. 

Background and Purpose 

The terrorist attacks of September 

2001 heightened the need for 

development of various security 

measures throughout the seaports of the 

United States, particularly around 

vessels and facilities whose presence or 

movement creates a heightened 

vulnerability to terrorist acts, or those 

for which the consequences of terrorist 

acts represent a threat to national 

security. The President of the United 

States has found that the security of the 

United States is and continues to be 

endangered following the attacks of 

September 11 (E.O. 13,273, 67 FR 

56215, Sept. 3, 2002 and 72 FR 54205, 

Sept. 21, 2007). Additionally, national 

security and intelligence officials 

continue to warn that future terrorist 

attacks are likely. 

The Captain of the Port (COTP) Zone 

Savannah, Georgia frequently receives 

vessels that require additional security, 

including, but not limited to, vessels 

carrying sensitive Department of 

Defense cargoes, vessels carrying 

dangerous cargoes, and foreign naval 

vessels. The Captain of the Port has 

determined that these vessels have a 

significant vulnerability to subversive 

activity by other vessels or persons, or, 

in some cases, themselves pose a risk to 

a port and the public within the COTP 

Zone, as described in 33 CFR 3.35–30. 

The COTP sought comments on the 

interim rule published July 2, 2008 (73 

FR 37835) which enabled the COTP 

Savannah to provide effective port 

security, while minimizing the public’s 

confusion and easing the administrative 

burden of implementing separate 

temporary security zone rules for each 

escorted vessel. As noted, we did not 

receive any comment on this interim 

rule. 

Discussion of Rule 

The COTP is adopting the currentlyeffective interim rule reflected in 33 

CFR 165.749 as a final rule. This rule 

establishes a security zone that prohibits 

persons and vessels from coming within 

300 yards of all escorted vessels within 

the navigable waters of the COTP Zone 

Savannah, Georgia unless authorized by 

the Coast Guard COTP Savannah, or the 

COTP’s designated representative. 

The navigable waterways included in 

this rule are the Port of Savannah and 

the Port of Brunswick in Georgia. 

Persons or vessels that receive 

permission to enter the security zone 

must proceed at a minimum safe speed 

and must comply with all orders issued 

by the COTP or a designated 

representative. Those vessels granted 

permission to enter the 300 yard 

security zone may not come within 50 

yards of any escorted vessel. An 

escorted vessel will be defined as a 

vessel, other than a large U.S. naval 

vessel as defined in 33 CFR 165.2015, 

that is accompanied by one or more 

Coast Guard assets or other Federal, 

State or local law enforcement agency 

assets clearly identifiable by lights, 

vessel markings, or with agency insignia 

as listed below: 

• Coast Guard surface or air asset 

displaying the Coast Guard insignia. 

• State and/or local law enforcement 

asset displaying the applicable agency 

markings and/or equipment associated 

with the agency. 

• When escorted vessels are moored, 

dayboards or other visual indications 

such as lights or buoys may be used. 

In all cases, broadcast notice to mariners 

will be issued to advise mariners of 

these restrictions. 

Regulatory Analyses 

We adopted the interim rule as final 

after considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, 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 not reviewed it under that 

Order. 

We expect the economic impact of 

this rule to be so minimal so that a full 

Regulatory Evaluation is unnecessary. 

The limited geographic area impacted 

by the security zone will not restrict the 

movement or routine operation of 

commercial or recreational vessels 

through the Ports of Savannah and 

Brunswick, Georgia. 


jlentini on PROD1PC65 with RULES