[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: 94-25156]
[[Page Unknown]]
[Federal Register: October 12, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100
[CGD11-94-006]
RIN 2115-AE46
Special Local Regulations; International America's Cup Class
World Championships Bay Races; San Diego 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) regatta and
exhibition races that are being conducted within San Diego Bay (the
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: CCGD11-94-006 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 (CCGD11-94-006)
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 within San Diego Bay in October and November 1994. In
addition, ocean races will be conducted in the Pacific Ocean offshore
of San Diego in October and November 1994; special local regulations
establishing measures promoting the safety of these ocean races is the
subject of separate rulemaking (CGD11-94-004)./
These regulations are intended to promote safe navigation on the
waters of San Diego Bay during the exhibition 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.
During the regulatory period prescribed in these regulations,
specified portions of San Diego Bay will be closed to all vessel
traffic except vessels designated by the U.S. Coast Guard Patrol
Commander. A designated channel, adjacent to the dredged main ship
channel, bounded by the shoreline of North Island and passing through
the Security Zone defined in 33 CFR 165.1105 adjacent to naval piers J
through P on the western shore of North Island will be available for
non-participating vessels to enter, exit and travel within San Diego
Bay during the regulatory period. Those vessels wishing to use this
channel to enter or exit San Diego Bay must obtain permission to
proceed from the Patrol Commander at least 30 minutes prior to the
expected transit.
Speed limits and operating requirements are also established for
other vessel traffic operating within the regulated areas during the
exhibition races and when most IACC and spectator vessels are expected
to transit the harbors. During these times, spectator vessels shall not
operate exclusively under sail within the regulated areas.
These operating requirements are applicable to all vessels
operating within San Diego Bay preceding, during and following the IACC
boat races, unless otherwise specified.
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:
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 Sec. 100.35-T11002 is added to read as follows:
Sec. 100.35-T11002 Special Local Regulations; San Diego Bay, CA.
(a) Regulated Areas. These regulations pertain to specified
portions of San Diego Bay, defined as:
(1) San Diego Bay. The following area is subject to the regulations
delineated below--The water area seaward of the San Diego-Coronado Bay
Bridge (a line connecting 32 deg.-41'-16.0'' N, 117 deg.-09'-20.0'' W
(Pier 15) and 32 deg.-41'-35.0'' N, 117 deg.-09'-00.0'' W (Pier 21));
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 (COLREGS
Demarcation Line), excluding the following areas:
(i) Shelter Island Yacht Basin. The water area shoreward of a
line connecting 32 deg.-42'-28.0'' N, 117 deg.-14'-05.0'' W and
32 deg.-42'-24.0'' N, 117 deg.-14'-13.0'' W;
Datum: NAD 83
(ii) America's Cup Basin. The water area shoreward of a line
connecting 32 deg.-43'-19.0'' N, 117 deg.-13'07.0'' W and 32 deg.-43'-
10.0'' W, 117 deg.-13'-12.0'' W;
Datum: NAD 83
(iii) West Basin. The water area shoreward of a line connecting
32 deg.-43'-30.0'' N, 117 deg.-12'-48.0'' W (Harbor Island Light LLNR
1700)) and 32 deg.-43'-20.0'' N, 117 deg.-13'-00.0'' W;
Datum: NAD 83
(iv) East Basin. The water area shoreward of a line connecting
32 deg.-43'-37.0'' N, 117 deg.-11'-07.0'' W and 32 deg.-43'-29.0'' N,
117 deg.-11'-16.0'' W; and
Datum: NAD 83
(iv) Inter-Continental Marina. The water area shoreward of a line
connecting 32 deg.-42'-19.0'' N, 117 deg.-10'-03.0'' W and 32 deg.-42'-
16.0'' N, 117 deg.-09'-58.0'' W.
Datum: NAD 83
(2) America's Cup Channel. The following area is subject to the
regulations delineated below--The water area bounded by a line
connecting the following points, beginning at:
32 deg.-40'-00.0'' N 117 deg.-13'-24.0'' W (Zuniga 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) IACC Bay Racing Venue. The following area is subject to the
regulations delineated below--The waters within San Diego Bay bounded
by a line connecting the following points, beginning at:
32 deg.-42'-12.0'' N 117 deg.-13'-30.0'' W (North Island Light ``2''
(LLNR 1615)); thence to
32 deg.-42'-23.5'' N 117 deg.-13'-49.5'' W; thence to
32 deg.-43'-08.0'' N 117 deg.-12'-58.0'' W; thence to
32 deg.-43'-21.0'' N 117 deg.-12'-46.8'' W; thence to
32 deg.-43'-22.5'' N 117 deg.-12'-00.0'' W; thence to
32 deg.-43'-21.0'' N 117 deg.-11'-22.0'' W; thence to
32 deg.-43'-10.0'' N 117 deg.-10'-42.5'' W; thence to
32 deg.-42'-42.0'' N 117 deg.-10'-42.5'' W; thence to
32 deg.-41'-36.6'' N 117 deg.-09'-13.8'' W; thence to
32 deg.-41'-38.2'' N 117 deg.-09'-51.0'' W; thence along the
shoreline, 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 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 (AC'95), the race sponsor, as a participant and not
designated as an AC'95 Race Official or an Official Vessel by the Coast
Guard Patrol Commander are spectator vessels.
Transmitting vessels. A special classification of spectator
vessels, whose sole purpose for being underway within the waters of San
Diego Bay is to exit the Bay or enter the Bay and return to its
mooring. Transiting vessels include commercial or military vessels.
(c) Special Local Regulations. The following regulations are in
effect between the hours of 10 a.m. and 5:30 p.m. on October 30 and
November 5, 1994, and as otherwise ordered by the Patrol Commander
through Broadcast Notice to Mariners:
(1) The area of San Diego Bay described as the IACC Bay Racing
Venue in paragraph (a)(3) of this section shall be closed to all
vessels except participants, AC'95 Vessels and Official Vessels.
(2) All transiting vessels wishing to enter or exit San Diego Bay
through the America's Cup Channel, specified in paragraph (a)(2) of
this section (the Channel), must obtain permission to proceed in the
Channel from the Patrol Commander at least 30 minutes prior to the
expected transit time (prior to entering the Channel). Before actual
entry into the Channel, the vessel must notify the Patrol Commander of
its location and speed. VHF/FM Channel 13 (156.65 MHZ) is the
designated channel for these communications. If deemed necessary by the
Patrol Commander, the Coast Guard will assign an escort vessel to
accompany the transiting vessel through the Channel. The maximum speed
for transiting through the Channel is ten knots. While using the
Channel, the transiting vessel shall follow all directions of the
Patrol Commander and the assigned escort vessel, if applicable.
(3) Spectator sail vessels shall not operate exclusively under sail
without the prior express permission of the Patrol Commander to do so.
(4) Spectator vessels shall not enter the IACC Bay Racing Venue, as
specified in paragraph (a)(3) of this section (and identified by
Official Vessels and inflatable buoys marking the race venue
perimeter), or the America's Cup Channel, as specified 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.
(5) Spectator and transiting vessels shall not impede or interfere
with AC'95 Vessels, Official Vessels and participant vessels.
(6) Spectator and transiting vessels shall not exceed a speed of
ten knots.
(7) Five Knot Speed Limit. The Patrol Commander may implement a
five knot speed limit within the regulated areas, or portions thereof,
if the Patrol Commander deems it necessary to ensure safe navigation.
Notice of the five knot speed limit shall be made by a Broadcast Notice
to Mariners. If a five knot speed limit is implemented, all spectator
and transiting traffic, whether entering or exiting the harbors, will
be required to comply.
(8) All vessels shall follow instructions of Coast Guard and Coast
Guard Auxiliary vessels.
(d) Effective Dates. This section will be 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. Appelbaum,
Admiral, U.S. Coast Guard Commander, Eleventh Coast Guard District.
[FR Doc. 94-25156 Filed 10-11-94; 8:45 am]
BILLING CODE 4910-14-M
