[Federal Register Volume 59, Number 24 (Friday, February 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2604]


[[Page Unknown]]

[Federal Register: February 4, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-93-055]

 

Special Local Regulations for Marine Events; Virginia Beach 
Offshore Grand Prix; Atlantic Ocean, Rudee Inlet, Lake Rudee, Virginia 
Beach, VA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: Special Local Regulations are being adopted for the Virginia 
Beach Offshore Grand Prix held annually in the Atlantic Ocean off 
Virginia Beach. The effect of these regulations will be to restrict 
general navigation in the regulated area for the safety of spectators 
and participants. These regulations are needed to provide for the 
safety of life, limb, and property on the navigable waters during the 
event.

EFFECTIVE DATE: This rule is effective March 7, 1994.

FOR FURTHER INFORMATION CONTACT:Stephen L. Phillips, Chief, Boating 
Affairs Branch, Fifth Coast Guard District, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004 (804) 398-6204.

SUPPLEMENTARY INFORMATION: The Coast Guard published a notice of 
proposed rulemaking concerning this regulation in the Federal Register 
on September 7, 1993 (58 FR 47099). Interested persons were requested 
to submit comments. The 45-day comment period ended on October 21, 
1993. The Coast Guard received no letters.

Drafting Information

    The drafters of this notice are QM2 Gregory C. Garrison, project 
officer, Boating Affairs Branch, Fifth Coast Guard District, and LT 
Monica L. Lombardi, project attorney, Fifth Coast Guard District Legal 
Staff.

Background and Purpose

    The Virginia Beach Offshore Grand Prix, sponsored by the Eastern 
Virginia Offshore Racing Association is an annual event held on the 
Atlantic Ocean off of Virginia Beach. As part of the application, the 
sponsor requested that the Coast Guard provide control of spectator and 
commercial traffic within the regulated area.

Discussion of Regulation

    The Eastern Virginia Offshore Racing Association annually sponsors 
the Virginia Beach Offshore Grand Prix. Since this is a regular, yearly 
event, the Coast Guard is developing a special local regulation. 
Specifically the Coast Guard will regulate the waterways surrounding 
the race course. The Virginia Beach Offshore Grand Prix race course has 
been marked and checked by Waterway Surveys & Engineering, Ltd. to 
insure accurate certification of race points and records. The course 
runs from Rudee Inlet at the southern end to approximately 75th Street 
at the northern end. The Start/Finish line is at 20th Street. Race 
boats will be pitted in the Southside Marina and Owl's Creek area. The 
course measures 11.0 Nautical miles (12.7 Statute miles). Waterway 
closures include the beach front and Rudee Inlet at the start of and 
throughout the race. To provide for safety of participants, spectators, 
and vessels transiting the area, the Coast Guard will restrict vessel 
movement in the regulated area during the race.

Regulatory Evaluation

    This regulation is not a significant regulatory action under 
Executive Order 12866 and is not significant under Department of 
Transportation regulatory policies and procedures (44 FR 11034; 
February 26, 1979). The economic impact of this regulation is expected 
to be so minimal that a full regulatory evaluation is unnecessary. This 
regulation will only be in effect for several hours, one day a year, 
and the impact on routine navigation is expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this regulation will have a 
significant economic impact on a substantial number of small entities. 
``Small Entities'' include independently owned and operated small 
businesses that are not dominant in their field and that otherwise 
qualify as ``small business concerns'' under section 3 of the Small 
Business Act (15 U.S.C. 632). It is anticipated that the impact of this 
regulation on non-participating small entities will actually benefit 
their business due to the increase in local tourism. The Coast Guard 
will certify under 5 U.S.C. 605(b), that this regulation will not have 
a significant economic impact on a substantial number of small 
entities.

Federalism Assessment

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it is anticipated that 
this regulation will not raise sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environmental Assessment

    This regulation has been thoroughly reviewed by the Coast Guard and 
determined to be categorically excluded from further environmental 
documentation in accordance with section 2.B.2.c of Commandant 
Instruction M16475.1B. A Categorical Exclusion Determination statement 
has been prepared and placed in the rulemaking docket, and is available 
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.

Proposed Regulations

    In consideration of the foregoing, part 100 of title 33, Code of 
Federal Regulations is amended as follows:

PART 100--[AMENDED]

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

    Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

    2. A new Sec. 100.520 is added to read as follows:


Sec. 100.520  Rudee Inlet, Lake Rudee, Atlantic Ocean, Virginia Beach, 
Virginia.

    (a) Definitions. (1) Regulated area. The waters of Rudee Inlet and 
Lake Rudee including the Owl Creek Boat Ramp. The waters of the 
Atlantic Ocean enclosed by:

                                                                        
            Latitude                             Longitude              
                                                                        
36 deg.54'23.0'' N                75 deg.59'26.0'' W                    
36 deg.54'38.0'' N                75 deg.56'55.0'' W                    
36 deg.49'06.0'' N                75 deg.55'58.0'' W                    
36 deg.48'53.0'' N                75 deg.57'58.0'' W                    
                                                                        

    (2) Coast Guard Patrol Commander. The Coast Guard Patrol Commander 
will be a commissioned, warrant, or petty officer who will be 
designated by the Commander, Group Hampton Roads.
    (b) Special local regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the immediate vicinity of this 
area shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (ii) Proceed as directed by any commissioned, warrant, or petty 
officer on board a vessel displaying a Coast Guard ensign.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (a)(1) of these regulations but may not block a 
navigable channel.
    (c) Effective period. This section is effective during, and one 
hour before any scheduled event starts. The Commander, Fifth Coast 
Guard District will publish a notice in the Federal Register and the 
Fifth Coast Guard District Local Notice to Mariners that announces the 
times and dates that this section is in effect.

    Dated: January 13, 1994.
W.T. Leland,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 94-2604 Filed 2-3-94; 8:45 am]
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