[Federal Register Volume 63, Number 102 (Thursday, May 28, 1998)]
[Rules and Regulations]
[Pages 29136-29137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14162]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego; 98-011]
RIN 2115-AA97


Safety Zone; Oceanside, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of the Pacific Ocean adjacent to Oceanside, 
California, for the 2nd Annual Oceanside Grand Prix Powerboat Race on 
31 May 1998. The race zone will encompass the water from the Oceanside 
harbor entrance and the southerly city limits of Oceanside, 
approximately .5 miles from the shoreline and running approximately 
parallel thereto, in an area more particularly described as follows: 
beginning at a point located at latitude 33 deg.09'87'' N. longitude 
117 deg.22'81'' W; thence northeast to a point located at latitude 
33 deg.10'14'' N, longitude 117 deg.22'33'' W; thence northwest to a 
point located at latitude 33 deg.11'49'' N, longitude 117 deg.23'36'' 
W; thence north to a point located at latitude 33 deg.11'64'' N. 
longitude 117 deg.23'36'' W; thence southeast to the point of the 
beginning.
    This safety zone is established to protect the lives and property 
of the race participants and spectators by establishing an exclusionary 
zone around the race course. Entry into, transit through, or anchoring 
within this zone is prohibited unless authorized by the Captain of the 
Port.

EFFECTIVE DATES: This regulation becomes effective at 1:30 p.m. (DST) 
on May 31, 1998, and continues until 2:45 p.m. (DST) on May 31, 1998, 
unless cancelled earlier by the Captain of the Port.

ADDRESSES: Marine Safety Office San Diego, 2716 N. Harbor Drive, San 
Diego, CA 92101-1064.

FOR FURTHER INFORMATION CONTACT: LT Mike Arguelles, U.S. Coast Guard 
Marine Safety Office San Diego at (619) 683-6484.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking was not published for this regulation and good 
cause exists for making it effective in less than 30 days after Federal 
Register publication. Publication of a notice of proposed rulemaking 
and delay of its effective date would be contrary to the public 
interest since immediate action is necessary to ensure the safety of 
vessels operating in the area of the race. The safety zone boundaries 
and 2nd Annual Oceanside Grand Prix arrangements were not finalized 
until a date fewer than 30 days prior to the event date. Following 
normal rulemaking procedures in this case would be impracticable.

Drafting Information

    The drafters of this regulation are Lieutenant Mike Arguelles, 
Project Officer, U.S. Coast Guard Marine safety Office San Diego, and 
LTJG Derek A. D'Orazio, Project Attorney, Maintenance

[[Page 29137]]

and Logistics Command Pacific Legal Office.

Discussion of Regulation

    This regulation is necessary to protect the lives and property of 
the race participants and spectators by establishing an exclusionary 
zone around the 2nd Annual Oceanside Grand Prix. During race times, 
vessels will be traveling at high rates of speed which will hinder 
their reaction time to obstacles. This safety zone will be marked by 
the sponsor, and enforced by U.S. Coast Guard personnel with the 
assistance of the Oceanside Harbor Police. Persons and vessels are 
prohibited form entering into, transiting through, or anchoring within 
the safety zone unless authorized by the Captain of the Port.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted for 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 (44 FR 11040; 
February 26, 1979). Due to the short duration and limited scope of the 
safety zone the Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of Department 
of Transportation is unnecessary.

Collection of Information

    This regulation contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this regulation under the principles 
and criteria contained in Executive Order 12612, and has determined 
that this regulation 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 
regulation and concluded that under figure 2-1, paragraph 34(g), of 
Commandant Instruction M16475.1C as revised in 59 FR 38654, July 29, 
1994, it will have no significant environmental impact and it is 
categorically excluded from further environmental documentation. A 
Categorical Exclusion Determination and Environmental Analysis 
Checklist will be available for inspection and copying in the docket to 
be maintained at the address listed in ADDRESSES.

List of Subjects in 33 CFR Part 165

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

Regulation

    In consideration of the foregoing, Subpart F of Part 165 of Title 
33, Code of Federal Regulations, is amended as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for 33 CFR 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 section 165.T11-033 is added to read as follows:


Sec. 165.T11-033  Safety Zone: Oceanside, CA

    (a) Location. The following area constitutes a safety zone in the 
navigable waters in the vicinity of Oceanside, CA: beginning at a point 
located at latitude 33 deg.09'87'' N, longitude 117 deg.22'81'' W; 
thence northeast to a point located at latitude 33 deg.10'14'' N, 
longitude 117 deg.22'33'' W; thence northwest to a point located at 
latitude 33 deg.11'49'' N, longitude 117 deg.23'36'' W; thence north to 
a point located at latitude 33 deg.11'64'' N, longitude 117 deg.23'36'' 
W; thence southeast to the point of the beginning.
    (b) Effective Dates. This section becomes effective at 1:30 a.m. 
(DST) on May 31, 1998, and continues until 2:45 p.m. (DST) on May 31, 
1998, unless cancelled earlier by the Captain of the Port.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into, transit through, or anchoring 
within this zone is prohibited unless authorized by the Captain of the 
Port.

    Dated: 30 April 1998.
J. A. Watson,
Commander, U.S. Coast Guard, Captain of the Port, San Diego, 
California.
[FR Doc. 98-14162 Filed 5-27-98; 8:45 am]
BILLING CODE 4910-15-M