[Federal Register Volume 67, Number 121 (Monday, June 24, 2002)]
[Rules and Regulations]
[Pages 42481-42483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15796]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD08-02-011]
RIN 2115-AE46


Special Local Regulations; SAIL MOBILE 2002, Port of Mobile, 
Mobile, AL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations in 
the Port of Mobile for SAIL MOBILE 2002 in Mobile, Alabama. This action 
is necessary to provide for the safety of life and property on the 
navigable waters of the United States during SAIL MOBILE 2002 
activities. These regulations establish special anchorages and regulate 
vessel traffic in Mobile Bay and the Mobile River from July 3, 2002 to 
July 8, 2002.

DATES: This rule is effective from 6 a.m. on July 3, 2002 to 5 p.m. on 
July 8, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [CCGD8-02-011] and are available for 
inspection or at copying Marine Safety Office Mobile, 150 North Royal 
Street, P.O. Box 2924, Mobile, AL 36652-2924, between 8 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) Jeff Morgan or 
Lieutenant Junior Grade (LTJG) Mark Sawyer, Marine Safety Office 
Mobile, Operations Department, at (251) 441-5121.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM, and, under 5 U.S.C. 553(d)(3), 
good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register. Information was made 
available to the Coast Guard in insufficient time to publish an NPRM or 
for publication in the Federal Register 30 days prior to the event. 
Publishing an NPRM and delaying its effective date would be contrary to 
public interest since immediate action is needed to protect 
participating vessels and mariners as well as the public from the 
hazards associated with this event.

Background and Purpose

    The City of Mobile, Alabama is sponsoring a Parade of Tall Ships, 
titled SAIL MOBILE 2002, in Mobile Bay and Mobile River as part of the 
city's tri-centennial celebration. Events are scheduled from July 3, 
2002 through July 8, 2002. Participating vessels, including tall ships, 
will be at anchorage in Mobile Bay on July 3, 2002. On July 4, 2002, 
the participating vessels will transit from anchorage up the Mobile Bay 
Ship Channel to the Mobile River where they will make a 180 degree turn 
just south of the Cochran Bridge and proceed to their designated berth 
or anchorage. Participating vessels are scheduled to remain in Mobile 
until July 8, 2002. The Coast Guard expects a minimum of 2,000 
spectator craft for this event.
    The Coast Guard is establishing a temporary regulated area to 
provide for the safety of spectators and participants of SAIL MOBILE 
2002. This regulated area is intended to protect participating vessels 
and spectators by restricting vessel traffic around participating 
vessels, establishing spectator viewing areas, and establishing 
temporary anchorages for participating vessels. All vessels, other than 
officially registered participants of SAIL MOBILE 2002 are prohibited 
from using the participant anchorage areas as described in this rule.
    The regulated area includes all waters of Mobile Bay from the mouth 
of the bay between Fort Morgan and Dauphin Island to the Mobile River 
south of the Cochran Bridge near mile 3 of the Mobile River. Within 
this regulated area there will be two participant anchorages for 
participating vessels only. Only vessels officially registered in the 
Parade of Tall Ships will be permitted to anchor in these areas.
    Participant Anchorage 1 will be in effect from 6 a.m. on July 3, 
2002 to 11 p.m. on July 4, 2002, and will include that portion of the 
Mobile Bay within the following boundaries: 30 deg.14'48'' N, 
88 deg.02'14'' W to 30 deg.14'47'' N, 88 deg.00'53'' W to 
30 deg.14'12'' N, 88 deg.00'55'' W to 30 deg.13'47'' N, 88 deg.01'52'' 
W to 30 deg.14'48'' N, 88 deg.02'14'' W [NAD 83].
    Participant Anchorage 2 will be in effect from 11 a.m. on July 4, 
2002 to 5 p.m. on July 8, 2002, and will include all the waters of the 
Mobile River within the following boundaries: 30 deg.41'36'' N, 
88 deg.02'04'' W to 30 deg.41'04'' N, 88 deg.02'06'' W to 
30 deg.41'31'' N, 88 deg.02'05'' W to 30 deg.41'32'' N, 88 deg.02'02'' 
W to 30 deg.41'36'' N, 88 deg.02'04'' W [NAD 83].
    While participating vessels are underway within the regulated area, 
other vessels may not approach within 100 yards of the participating 
vessel without the express permission of the Coast Guard Patrol 
Commander. While participating vessels are at anchor or moored, other 
vessels may not approach within 50 feet of the participating vessel 
without the express permission of the Coast Guard Patrol Commander. The 
Coast Guard Patrol Commander will be the Captain of the Port, Mobile or 
a designated commissioned, warrant or petty officer of the U.S. Coast 
Guard.
    Event organizers plan to establish spectator viewing areas for 
vessels along the parade route in the Mobile River. Spectator areas 
will be located outside of the Mobile Shipping Channel in the Mobile 
River south of the Cochran Bridge. Markers along the channel south of 
the Cochran Bridge will outline these spectator areas. More precise 
information regarding these spectator areas will be published via local 
notices and general media as soon as the information is available. 
Spectator vessels are not allowed outside these specially marked areas 
30 minutes immediately prior to and during the passing of the Parade of 
Tall Ships without the express permission of the Coast Guard Patrol 
Commander. The parade is scheduled from 11 a.m. to 5 p.m. on July 4, 
2002.
    These special local regulations are necessary to ensure the safety 
of life and property on the navigable waters of the United States. It 
may be necessary for the Coast Guard to establish additional safety or 
security zones in addition to these rules to safeguard dignitaries and 
certain vessels participating in the event. If the Coast Guard deems it 
necessary to establish such zones at a later date, the details of those 
zones may

[[Page 42482]]

be announced separately via the Federal Register, Local Notice to 
Mariners, Marine Safety Broadcast, or any other means available.

Regulatory Evaluation

    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. 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 10(e) of the 
regulatory policies and procedures of DOT is unnecessary. This rule 
will only be in effect for a short period of time, and notifications to 
the marine community will be made through broadcast notice to mariners. 
The impacts on routine navigation are expected to be minimal. Although 
the regulated area will apply to the entire Mobile Bay and part of the 
Mobile River, normal traffic will primarily be affected only on July 4, 
2002. Vessels needing to transit within 100 yards of an underway 
participating vessel or 50 feet of an anchored or moored participating 
vessel may seek to gain permission from the Coast Guard Patrol 
Commander or his designated on-scene representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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 for the reasons enumerated under the Regulatory Evaluation 
section above. If you are a small business entity and are significantly 
affected by this regulation please contact LT Jeff Morgan or LTJG Mark 
Sawyer, Marine Safety Office Mobile, Operations Department, at (251) 
441-5121.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking. 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).

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).

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 
so discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraphs 34(h) and 34(f) of 
Commandant Instruction M16475.lD, this rule is categorically excluded 
from further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46.

[[Page 42483]]


    2. A new temporary Sec. 100.35T-08-011 is added to read as follows:


Sec. 100.35T-08-011  Special Local Regulations; SAIL MOBILE 2002 Mobile 
Bay, Mobile, Alabama.

    (a) Definitions.
    Coast Guard Patrol Commander is the Captain of the Port Mobile or a 
designated commissioned, warrant, or petty officer of the U.S. Coast 
Guard.
    Non-Participating vessels are all other vessels not registered as 
participants for the Parade of Tall Ships on July 4, 2002.
    Participating vessels are vessels registered to participate in the 
official Parade of Tall Ships on July 4, 2002.
    (b) Regulated areas. The following are regulated areas:
    (1) Event area. All waters of Mobile Bay from the mouth of the bay 
between Fort Morgan and Dauphin Island to the Mobile River south of the 
Cochran Bridge near mile 3 of the Mobile River.
    (2) Participant anchorage areas.
    (i) Participant Anchorage 1 includes that portion of the Event Area 
in Mobile Bay bounded by a line connecting the following points: 
Starting at 30 deg.14'48'' N, 88 deg.02'14'' W; thence to 
30 deg.14'47'' N, 88 deg.00'53'' W; thence to 30 deg.14'12'' N, 
88 deg.00'55'' W; thence to 30 deg.13'47'' N, 88 deg.01'52'' W; thence 
to 30 deg.14'48'' N, 88 deg.02'14'' W [NAD 1983].
    (ii) Participant Anchorage 2 includes all the waters of the Event 
Area in the Mobile River bounded by a line connecting the following 
points: Starting at 30 deg.41'36'' N, 88 deg.02'04'' W; thence to 
30 deg.41'04'' N, 88 deg.02'06'' W; thence to 30 deg.41'31'' N, 
88 deg.02'05'' W; thence to 30 deg.41'32'' N, 88 deg.02'02'' W; thence 
to 30 deg.41'36'' N, 88 deg.02'04'' W [NAD 1983].
    (3) Spectator areas. Spectator areas for viewing the parade will be 
outlined by markers outside of, and along the channel of, the Mobile 
River south of the Cochran Bridge.
    (c) Regulations. (1) Non-participating vessels are not allowed to 
approach within 100 yards of any participating vessel that is underway 
within the regulated areas in paragraph (b) of this section without 
express authorization by the Coast Guard Patrol Commander.
    (2) Non-participating vessels are not allowed to approach within 50 
feet of any participating vessel that is moored or anchored within the 
Event Area without express authorization by the Coast Guard Patrol 
Commander.
    (3) Only participating vessels are permitted to anchor in the 
participant anchorages.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard Patrol Commander.
    (5) All non-partipating vessels in the Event Area must remain in 
the marked spectator areas from 30 minutes immediately prior to and 
during the Parade of Tall Ships unless expressly authorized by the 
Coast Guard Patrol commander.
    (d) Enforcement schedule. (1) The Parade of Tall Ships is scheduled 
to begin at 11 a.m. and end at 5 p.m. on July 4, 2002.
    (2) Participant Anchorage 1 will be enforced from 6 a.m. on July 3, 
2002 to 11 p.m. on July 4, 2002.
    (3) Participant Anchorage 2 will be enforced from 11 a.m. on July 
4, 2002 to 5 p.m. on July 8, 2002.
    (e) Effective dates. (1) This section is effective from 6 a.m. on 
July 3, 2002, to 5 p.m. on July 8, 2002.

    Dated: June 7, 2002.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 02-15796 Filed 6-21-02; 8:45 am]
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