[Federal Register Volume 59, Number 196 (Wednesday, October 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25155]
[[Page Unknown]]
[Federal Register: October 12, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD11-94-004]
RIN 2115-AE46
Special Local Regulations; International America's Cup Class
World Championships; San Diego Bay and Mission Bay, CA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule with request for comments.
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SUMMARY: Temporary special local regulations are being adopted for that
portion of the International America's Cup Class (IACC) World
Championships that is being conducted in the waters of the Pacific
Ocean adjacent to San Diego Bay and Mission Bay between October 28,
1994 and November 6, 1994, inclusive. These regulations are necessary
to provide for the safety of life, property, and navigation on the
navigable waters of the United States during the scheduled events.
DATES: These regulations become effective at 10 a.m. PDT on October 28,
1994 and terminate at 5:30 p.m. PST on November 6, 1994, unless
cancelled earlier by the District Commander. Comments must be received
by October 27, 1994.
ADDRESSES: Comments may be mailed to Lieutenant Cam Lewis, USCG
America's Cup Patrol, Naval Training Center, Building 302, San Diego,
California 92133-5000, Attn: CCGD11-94-004 or may be delivered to the
same address between 8 a.m. and 3 p.m., Monday through Friday, except
federal holidays.
The Eleventh Coast Guard District Commander maintains the public
docket for this rulemaking. Comments will become part of this docket
and will be available for inspection or copying at Eleventh Coast Guard
District Office, Operations Division, 501 West Ocean Boulevard, Suite
8240, Long Beach, California 90822-5399.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Cam Lewis, America's Cup Patrol; telephone number (619) 557-
2920.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of
proposed rulemaking was not published for this regulation and it is
being made effective in less than 30 days after Federal Register
publication. Publishing a notice of proposed rulemaking and delaying
the effective date of this regulation would be contrary to the public
interest since the event is expected to result in a high concentration
of spectator and participant vessels, and the actual stipulations of
the special local regulations were not finalized in time for
publication more than 30 days prior to the start of the event.
Although this regulation is published as a final rule, without
prior notice, an opportunity for public comment is nevertheless
desirable to ensure the regulation is both reasonable and workable.
Accordingly, persons wishing to comment may do so by submitting written
comments to the office listed under ADDRESSES in this preamble. Those
providing comments should identify the docket number (CCGD11-94-004)
for the regulation and also include their name, address and reason(s)
for each comment presented. Persons wanting acknowledgment of receipt
of comments should enclose a stamped, self-addressed postcard or
envelope.
Based upon the comments received, the scope of the regulation may
be changed.
Drafting Information
The principal persons involved in drafting this document are
Lieutenant Cam Lewis, Project Officer for the Patrol Commander, and
Lieutenant Robin Barber, Project Attorney, Eleventh Coast Guard
District Legal Office.
Discussion of Regulation
The event prompting a need for these Special Local Regulations is
the International America's Cup Class World Championships which will be
conducted in the San Diego area in October and November 1994. In
addition, exhibition races will be held on two dates in October and
November 1994 within San Diego Bay; special local regulations
establishing measures promoting the safety of these exhibition race is
the subject of separate rulemaking (CGD11-94-006).
These regulations are intended to promote safe navigation on the
waters of San Diego Bay, Mission Bay and the IACC race venue during the
IACC World Championship Races by controlling the traffic entering,
exiting and traveling within these waters. The anticipated
concentration of spectator and participant vessels associated with
these races poses a safety concern, which is addressed in these special
local regulations.
A channel within San Diego Bay has been designated for the
exclusive use of IACC vessels during specifically prescribed hours.
This channel (the America's Cup Channel) is adjacent to the dredged
main ship channel and bounded by the shoreline of North Island.
Within the geographic area of applicability of these special local
regulations, speed limits and operating requirements have been
established for orderly passage to and from the IACC shore facilities
and race venue. The America's Cup Channel passes through the Security
Zone listed in 33 CFR 165.1105 adjacent to naval piers J through P on
the western shore of North Island. Participants, vessels carrying race
officials, and patrol vessels may transit this Security Zone during the
periods these Special Local Regulations are in effect, unless otherwise
notified through Broadcast Notice to Mariners and by patrol vessels on
scene.
Speed limits and operating requirements are also established for
other vessel traffic operating within the regulated areas during times
when most IACC and spectator vessels are expected to transit the
harbors. During these same times, vessels shall not operate exclusively
under sail within the regulated areas.
The regulations also provide for a one-way traffic pattern and a
five knot speed limit. These requirements will be activated by the
Patrol Commander when necessary to ensure the safety of navigation.
Activation of these regulations will be announced by patrol vessels on
scene and by Broadcast Notice to Mariners.
Additionally, several non-anchorage areas are established for the
period of these regulations to promote smooth traffic flow and ensure
access to docks and piers.
These Special Local Regulations will be enforced for that portion
of the race venue which is located within the navigable waters of the
United States to minimize navigational dangers and ensure the safety of
vessels participating in and viewing the races. Nonobligatory
guidelines are included for that portion of the race venue which falls
outside the navigable waters of the United States.
All vessels which fail to comply with this regulation while
operating within the regulated areas during the regulatory periods are
subject to citation for failure to comply with this regulation, and
subject to the penalties presented in 33 U.S.C. 1236 and 33 CFR 100.50.
Regulatory Evaluation
This regulation 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
(DOT) (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 Department of
Transportation regulatory policies and procedures 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 in
accordance with 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 environmental impact of this regulation has been analyzed in
the Environmental Assessment (EA) prepared by America's Cup 1995, the
organizing committee of the races, in connection with its application
for a Coast Guard regatta permit. A copy of the EA has been made a part
of the public docket and is available for review at the Eleventh Coast
Guard District Offices at the address listed under ADDRESSES.
The Coast Guard has reviewed the EA submitted by the sponsors of
the event, 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. A
Finding of No Significant Impact (FONSI) has been prepared in
connection with the regatta permit, has been made part of the public
docket, and is available for review at the address listed under
ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water).
Regulation
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 temporary Sec. 100.35-T11001 is added to read as follows:
Sec. 100.35-T11001 Special Local Regulations; San Diego Bay, Mission
Bay and IACC Race Venue, CA.
(a) Regulated Areas. This regulation pertains to specified portions
of San Diego Bay, Mission Bay and the waters of the Pacific Ocean
immediately offshore of San Diego. Within these waters, there are
several areas with specific regulations. The regulated areas are
defined as:
(1) West San Diego Bay. (i) The following area is subject to the
regulations delineated below--The water area seaward of a line
connecting the following points, beginning at:
32 deg.-43'-27.0'' N 117 deg.-12'-48.0'' W; (Harbor Island Light,
LLNR 1700); thence to
32 deg.-42'-51.0'' N 117 deg.-12'-32.5'' W; (North Island light
``N'', LLNR 1705); bounded on both sides by the shoreline of San
Diego Bay, including the submerged Zuniga Shoal Jetty; and bounded
to the south by the COLREGS Demarcation Line described in section
80.1104 of this chapter (COLREG Demarcation Line).
Datum: NAD 83
(ii) The following area (the West Basin) is excluded from this
regulated area--The waters shoreward of a line connecting the following
points, beginning at:
32 deg.-43'-30.0'' N 117 deg.-12'-48.0'' W; thence to
32 deg.-43'-20.0'' N 117 deg.-13'-00.0'' W.
Datum: NAD 83
(2) America's Cup Channel. The following area is subject to the
regulations delineated below--The waters bounded by a line connecting
the following points, beginning at:
32 deg.-40'-00.0'' N 117 deg.-13'-24.0'' W; (Zungia Jetty Light
``Z'', LLNR 1520); thence to
32 deg.-39'-59.5'' N 117 deg.-13'-36.2'' W; thence to
32 deg.-41'-44.1'' N 117 deg.-13'-51.6'' W; (Buoy ``14''); thence to
32 deg.-42'-06.5'' N 117 deg.-13'-45.0'' W; (Buoy ``16''); thence to
32 deg.-42'-22.5'' N 117 deg.-13'-34.2'' W; (Buoy ``16A''); thence
to
32 deg.-42'-47.4'' N 117 deg.-13'-02.0'' W; (Buoy ``18''); thence to
32 deg.-43'-00.0'' N 117 deg.-12'-25.0'' W; (Buoy ``20''); thence to
32 deg.-43'-03.0'' N 117 deg.-11'-39.8'' W; thence to
32 deg.-42'-31.4'' N 117 deg.-10'-43.5'' W; (Buoy ``22''); thence to
32 deg.-41'-54.6'' N 117 deg.-09'-54.3'' W; (Buoy ``24''); thence to
32 deg.-41'-21.0'' N 117 deg.-09'-14.0'' W; (Pier 18, San Diego-
Coronado Bay Bridge); thence to
32 deg.-41'-16.0'' N 117 deg.-09'-20.0'' W; (Pier 15, San Diego-
Coronado Bay Bridge); thence to
32 deg.-41'-40.5'' N 117 deg.-09'-49.0'' W; thence to
32 deg.-41'-52.3'' N 117 deg.-09'-56.5'' W; thence to
32 deg.-42'-21.6'' N 117 deg.-10'-48.0'' W; thence to
32 deg.-42'-44.5'' N 117 deg.-11'-14.0'' W; thence to
32 deg.-42'-52.0'' N 117 deg.-11'-24.5'' W; thence along the
shoreline to
32 deg.-40'-55.0'' N 117 deg.-13'-22.0'' W; (Zuniga Jetty Light
``V'', LLNR 1540); thence along the submerged jetty, returning to
the point of beginning.
Datum: NAD 83
(3) Non-Anchorage Areas. The following areas are non-anchorage
areas:
(i) NA-1: The waters bounded by a line connecting the following
points, beginning at:
32 deg.-41'-17.8'' N 117 deg.-13'-56.7'' W; thence to
32 deg.-41'-17.4'' N 117 deg.-14'-01.0'' W; thence to
32 deg.-41'-32.0'' N 117 deg.-14'-03.8'' W; thence to
32 deg.-41'-34.5'' N 117 deg.-13'-58.5'' W; thence returning to the
point of beginning.
Datum: NAD 83
(ii) NA-2: The waters bounded by a line connecting the following
points, beginning at:
32 deg.-41'-51.3'' N 117 deg.-13'-57.5'' W; thence to
32 deg.-41'-56.4'' N 117 deg.-14'-12.9'' W; thence to
32 deg.-42'-10.5'' N 117 deg.-14'-04.0'' W; thence to
32 deg.-42'-18.0'' N 117 deg.-14'-00.0'' W; (Entrance Range Front
Light, LLNR 1500); thence to
32 deg.-42'-12.9'' N 117 deg.-13'-50.0'' W; thence returning to the
point of beginning.
Datum: NAD 83
(iii) NA-3: The waters bounded by a line connecting the following
points, beginning at:
32 deg.-42'-41.0'' N 117 deg.-13'-22.0'' W; thence to
32 deg.-42'-52.8'' N 117 deg.-13'-24.6'' W; thence to
32 deg.-42'-55.0'' N 117 deg.-13'-23.0'' W; (Shelter Island Light
``S'', LLNR 1640); thence to
32 deg.-42'-49.0'' N 117 deg.-13'-13.0'' W; thence returning to the
point of beginning.
Datum: NAD 83
(iv) NA-4: The waters bounded by a line connecting the following
points, beginning at:
32 deg.-42'-55.2'' N 117 deg.-13'-04.0'' W; thence to
32 deg.-43'-05.7'' N 117 deg.-13'-04.0'' W; thence to
32 deg.-43'-19.7'' N 117 deg.-13'-00.0'' W; thence to
32 deg.-43'-24.5'' N 117 deg.-12'-51.8'' W; thence to
32 deg.-43'-08.1'' N 117 deg.-12'-58.0'' W; thence to
32 deg.-42'-58.1'' N 117 deg.-12'-54.1'' W; thence returning to the
point of beginning.
Datum: NAD 83
(v) NA-5: The waters bounded by a line connecting the following
points, beginning at:
32 deg.-43'-00.8'' N 117 deg.-11'-23.0'' W; thence to
32 deg.-43'-01.0'' N 117 deg.-10'-36.0'' W (southwest corner of ``B
Street'' Pier); thence to
32 deg.-42'-46.0'' N 117 deg.-10'-33.0'' W (the shoreline to the
northwest corner of ``G Street'' Pier); thence to
32 deg.-42'-46.2'' N 117 deg.-10'-58.19'' W; thence returning to the
point of beginning.
Datum: NAD 83
(4) Mission Bay. The following area is subject to the regulations
delineated below--The water area between the COLREGS Demarcation Line
described in Sec. 80.1106 of this chapter and seaward of the West
Mission Bay Bridge, described more particularly as the water area
bounded by the COLREGS Demarcation Line, thence along the shoreline to:
32 deg.-46'-07.3'' N 117 deg.-14'-36.7'' W; thence to
32 deg.-40'-00.0'' N 117 deg.-14'-27.8'' W; thence along the
shoreline to the COLREGS Demarcation Line.
Datum: NAD 83
(5) IACC Offshore Race Venue. The following area is subject to the
regulations delineated below--The waters of the Pacific Ocean bounded
by a line connecting the following points, beginning at:
32 deg.-37'-18.0'' N 117 deg.-14'-42.0'' W (San Diego approach
``SD''); thence to
32 deg.-34'-06.0'' N 117 deg.-17'-00.0'' W; thence to
32 deg.-35'-12.0'' N 117 deg.-22'-48.0'' W; thence to
32 deg.-41'-00.0'' N 117 deg.-26'-00.0'' W; thence to
32 deg.-43'-18.0'' N 117 deg.-20'-00.0'' W; thence to
32 deg.-43'-18.0'' N 117 deg.-17'-00.0'' W; thence returning to the
point of beginning.
Datum: NAD 83
(b) Definitions.
AC'95 Vessels. Any vessel designated by AC'95 and approved by the
U.S. Coast Guard Patrol Commander that has been given official duties
in support of the World Championship Races. These vessels include but
are not limited to mark boats, stake boats, and umpire boats.
Official Vessels. Official Vessels are all U.S. Coast Guard, U.S.
Coast Guard Auxiliary, state and local law enforcement vessels, and
civilian vessels designated by the Coast Guard Patrol Commander and
flying the official patrol vessel flag. The official patrol vessel flag
is a white rectangular flag emblazoned with the words ``America's Cup
'95'' and depicting two sailing vessels racing beneath the America's
Cup trophy. The civilian vessels may include but are not limited to
AC'95 Crowd Control Vessels and media vessels. AC'95 Crowd Control
vessels are 20-foot and 23-foot Bayliner power boats identified by the
word ``PATROL'', followed by a number, printed in large letters on both
sides of the vessel. AC'95 Crowd Control Vessels will fly the official
patrol vessel flag and operate a yellow and red flashing light.
Participant. Any IACC race boat, IACC chase boat or IACC tender
that is registered with AC'95 while in performance of its official
function relative to a given race.
Patrol Commander. A Patrol Commander has been designated by the
Commander, Eleventh Coast Guard District. The Patrol Commander has the
authority to control the movement of all vessels operating in the
regulated areas and may suspend the regatta at any time it is deemed
necessary for the protection of life and property.
Note: The Patrol Commander may be contacted during the
regulatory periods on VHF/FM Channel 16 (156.8 MHZ) or Channel 22
(157.1 MHZ) by calling ``Coast Guard Patrol Commander'' or ``Coast
Guard San Diego.''
Spectator vessels. All vessels not registered with the America's
Cup '95 governing body (AC'95), the race sponsor, as a participant and
not designated as an AC'95 Vessel or an Official Vessel by the Coast
Guard Patrol Commander are spectator vessels.
(c) Special Local Regulations.--(1) West San Diego Bay/America's
Cup Channel. The following regulations are in effect between the hours
of 10 a.m. to 12 noon and 3:30 p.m. to 5:30 p.m. on October 28 and 29
and November 1, 2 and 4, 1994, and as otherwise ordered by the Patrol
Commander by Broadcast Notice to Mariners:
(i) All participants shall use the America's Cup Channel when
entering or departing San Diego Bay.
(ii) Participants shall not operate their vessels exclusively under
sail within the America's Cup Channel or within San Diego Bay without
the express permission of the Patrol Commander. Participant vessels
shall be under power or tow when transiting the America's Cup Channel.
(iii) Spectators and participant vessels shall not exceed a speed
of ten knots.
(iv) Spectators sail vessels shall not operate exclusively under
sail without the prior express permission of the Patrol Commander.
(v) Spectator vessels shall not enter the America's Cup Channel, as
defined in paragraph (a)(2) of this section, except in the case of an
emergency. If equipped with a VHF/FM radio, vessels shall immediately
notify the Coast Guard on Channel 16 (156.8 MHZ) of the existence of
any emergency.
(vi) When transiting through the regulated areas is necessary,
spectator vessels shall make expeditious transit and shall not impede
or obstruct the orderly flow of vessel traffic.
(vii) All vessels shall follow instructions of Coast Guard and
Coast Guard Auxiliary vessels.
(viii) No vessel shall anchor in a non-anchorage area specified in
paragraph (a)(3) of this section, except in the case of an emergency.
If equipped with a VHF/FM radio, the vessel shall immediately notify
the Coast Guard on Channel 16 (156.8 MHZ) of the existence of any
emergency.
(2) Mission Bay. The following regulations are in effect between
the hours of 10 a.m. to 12 noon and 3:30 p.m. to 5:30 p.m. on October
28 and 29 November 1, 2 and 4, 1994, and as otherwise ordered by the
Patrol Commander by Broadcast Notice to Mariners:
(i) Spectator and participant vessels shall not exceed five knots.
(ii) Spectator and participant sail vessels shall not operate
exclusively under sail without the prior express permission of the
Patrol Commander.
(iii) When transiting through the regulated area is necessary,
spectator vessels shall make expeditious transit and shall not impede
or obstruct the orderly flow of vessel traffic.
(iv) All vessels shall follow instructions of Coast Guard and Coast
Guard Auxiliary vessels.
(3) IACC offshore race venue. The following regulations are in
effect from 12 noon to 5:30 p.m. on October 28 and 29 and November 1, 2
and 4, 1994, and as otherwise ordered by the Patrol Commander by
Broadcast Notice to Mariners, within the IACC offshore race venue which
falls within the navigable waters of the United States, i.e., those
waters within three nautical miles (3nm) of the baseline from which the
territorial sea is measured:
(i) Spectator vessels shall remain outside the course perimeter, as
marked by the AC'95 Vessels and Official Vessels.
(ii) All vessels shall follow the instructions of Coast Guard and
Coast Guard Auxiliary vessels.
Note: The regulations specified in this paragraph apply only
within the navigable waters of the United States. In all waters
within the IACC offshore race venue which fall outside the navigable
waters of the United States, during the specified dates and times,
the following nonobligatory guidelines apply:
(A) All spectator vessels should remain clear of the race venue and
avoid interfering with any participant, AC'95 Vessels or Official
Vessels. Interference with race activities may constitute a safety
hazard warranting cancellation or termination of all or part of the
World Championship race activities by the Patrol Commander.
(B) Any unauthorized entry within the race course perimeter, as
marked by the AC'95 Vessels and Official Vessels, by spectator vessels
constitutes a risk to the safety of marine traffic. Such entry will
constitute a factor to be considered in determining whether a person
has operated a vessel in a negligent manner in violation of 46 U.S.C.
2302.
(4) One way traffic and five knot speed limit. The Patrol Commander
may implement one-way traffic patterns and a five knot speed limit in
the regulated areas or portions thereof if the Patrol Commander deems
it necessary to ensure safe navigation. Notice of one-way traffic and a
five knot speed limit shall be made by Broadcast Notice to Mariners. If
one-way traffic patterns are implemented, spectator and participant
vessels are required to transit the applicable regulated area(s) in
either an inbound direction (proceeding into port) or an outbound
direction (proceeding to sea). No traffic in any direction other than
inbound or outbound (i.e., cross traffic) will be permitted in the area
of implementation. If a five knot speed limit or one-way traffic is
implemented, all participant and spectator vessels shall also abide by
all other nonconflicting provisions contained within these special
local regulations associated with the regulated area. If a five knot
speed limit is implemented in San Diego Bay, all traffic entering or
exiting the harbors will be required to make a speed of no more than
five knots through the water.
(d) Effective Dates. This section is effective 10 a.m. PDT on
October 28, 1994 through 5:30 p.m. PST on November 6, 1994, inclusive,
unless cancelled earlier by the District Commander.
Dated: September 22, 1994.
R.A. Applebaum,
Rear Admiral, Coast Guard, Commander, Eleventh Coast Guard District.
[FR Doc. 94-25155 Filed 10-11-94; 8:45 am]
BILLING CODE 4910-14-M
