[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Rules and Regulations]
[Pages 19841-19842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10998]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach, CA; 96-007]
RIN 2115-AA97


Safety Zone; Dana Point, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of the United States offshore from Capistrano Beach to 
San Mateo Point, California in the vicinity of the 3rd Annual Dana 
Point Challenge (offshore powerboat race) on May 19, 1996. The safety 
zone boundaries are as follows: commencing at latitude 33 deg.26.0' N, 
117 deg.42.0' W; thence to 33 deg.27.0' N, 117 deg.41.3' W; thence 
33 deg.24.0' N, 117 deg.37.0' W; thence to 33 deg.23.2' N, 
117 deg.38.0' W; thence returning to the point of beginning. This 
safety zone is necessary to ensure the safety of contestant and 
spectator vessels involved with the 3rd Annual Dana Point Challenge. 
Entry into this zone is prohibited unless authorized by the Captain of 
the Port.

EFFECTIVE DATE: This safety zone is in effect on May 19, 1996, from 10 
a.m. PDT until 4 p.m. PDT.

FOR FURTHER INFORMATION CONTACT: Lieutenant Mark T. Cunningham, Chief, 
Port Safety and Security Division, Marine Safety Office Los Angeles-
Long Beach, 165 N. Pico Avenue, Long Beach, CA 90802; (310) 980-4454.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rule making 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 the details of the safety zone boundaries and marine 
event permit were not finalized until a date fewer than 30 days prior 
to the event date.

[[Page 19842]]

Discussion of Regulation

    This regulation is necessary to ensure the safety of contestant and 
spectator vessels involved with the 3rd Annual Dana Point Challenge 
powerboat race. The planned course of the race is approximately one 
mile offshore and extends from Capistrano Beach to San Mateo Point, 
California. Many spectator vessels (estimated 500-600 in 1995) have 
previously attended this event. In past years, contestants 
(approximately 20-25) had to speed around spectator vessels which had 
wandered into the race lanes. By deterring the large amount of expected 
spectator vessel traffic from entering into the designated race lanes, 
the risk of high speed collisions can be greatly reduced from that of 
previous Dana Point Challenges. This safety zone will be enforced by 
U.S. Coast Guard personnel. The Coast Guard Auxiliary, the Dana Point 
Harbor Patrol and the Dana Point Challenge event staff will assist in 
the enforcement of the safety zone. Persons and vessels are prohibited 
from entering into, transiting through, or anchoring within the Safety 
Zone unless authorized by the Captain of the Port of his designated 
representative.

Regulatory Evaluation

    This rule 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 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 (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
regulation to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of the 
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 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 
regulation and concluded that under section 2.B.2. of Commandant 
Instruction M16475.1B it will have no significant environmental impact 
and it is categorically excluded from further environmental 
documentation. An environmental analysis checklist has been completed 
and a Marine Event permit has been issued.

List of Subject 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--[AMENDED]

    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.T11-057 is added to read as follows:


Sec. 165.T1157  Safety Zone: Dana Point, CA

    (a) Location. The following area constitutes a safety zone on the 
navigable waters in the vicinity of Capistrano Beach and San Mateo 
Point, California, specifically:

North-West corner: 33 deg.26.0' N, 117 deg.42.0' W;
North-East corner: 33 deg.27.0' N, 117 deg.41.3' W;
North-East corner: 33 deg.24.0' N, 117 deg.37.0' W;
North-West corner: 33 deg.23.2' N, 117 deg.38.0' W.

    This area measures approximately five nautical miles by one 
nautical mile. (Datum: NAD 83)

    (b) Effective Date. This safety zone is effective at 10 A.M. PDT 
and terminates at 2 P.M. PDT on May 19, 1996 unless canceled earlier by 
the Captain of the Port.
    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.23 apply. No person or vessel may enter or 
remain within the safety zone without the permission of the Captain of 
the Port Los Angeles-Long Beach, California or his designated 
representative.

    Dated: April 24, 1996.
E. E. Page,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach, 
California.
[FR Doc. 96-10998 Filed 5-2-96; 8:45 am]
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