[Federal Register Volume 59, Number 241 (Friday, December 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30926]
[[Page Unknown]]
[Federal Register: December 16, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD11-94-009]
RIN 2115-AE46
Special Local Regulations; Citizen Cup Defender Selection Series
and Louis Vuitton Cup Challenger Selection Series; 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
those portions of the International America's Cup Class (IACC) Citizen
Cup Defender Selection Series and the Louis Vuitton Cup Challenger
Selection Series that are being conducted in the waters of the Pacific
Ocean adjacent to San Diego Bay and Mission Bay on the following dates:
January 12, 1995 through January 22, 1995; January 29, 1995 through
February 11, 1995; February 14, 1995 through February 27, 1995; and
March 2, 1995 through March 12, 1995, 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. PST on January 12,
1995 and terminate at 7 p.m. PST on March 12, 1995 unless canceled
earlier by the District Commander. Comments must be received by January
11, 1995.
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: CGD11-94-009 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 the Eleventh Coast
Guard District Office, Operations Division, 501 West Ocean Boulevard,
Suite 6200, 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 (CGD11-94-009) 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 Commander Craig Juckniess, 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 (IACC) Citizen Cup Defender
Selection Series and the Louis Vuitton Cup Challenger Selection Series
which will be conducted in the San Diego area on several series of
dates during the period January through mid-March 1995. In addition,
races in the Citizen Cup Defender Semi-Final and Final Series, the
Louis Vuitton Cup Challenger Semi-Final and Final Series, and the
America's Cup Match Races will be held on several series of dates
during the period mid-March through May 1995. Special Local Regulations
establishing measures promoting the safety of these races are the
subject of separate rulemaking (CGD11-94-010); as these regulations
contain different vessel operating restrictions, publishing a separate
set of regulations for the latter period will help reduce confusion to
the public.
These regulations are intended to promote safe navigation on the
waters of San Diego Bay, Mission Bay and the IACC race venue during the
Citizen Cup and Louis Vuitton Cup 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.
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 San Diego Bay and the race
venue.
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.
On each specified race date, these regulations will be in effect in
San Diego Bay and Mission Bay during two periods: between the hours of
10 a.m. and 12 noon; and again in the afternoon for a two-hour period
which will fall between 2:30 p.m. and 7 p.m. Selection of the afternoon
regulatory period will depend on the time of termination of race
activities for that date. Notice of commencement and termination of the
afternoon regulatory period will be made by Broadcast Notice to
Mariners; a 15-minute advance notice of commencement of the afternoon
regulatory period will also be broadcast.
The nature of the winner selection process and other circumstances
may dictate that races will not actually be conducted on dates
specified as race dates. In the event of cancellation or postponement
of races scheduled for a particular date, the Patrol Commander's
election not to implement these regulations on that date will be
announced via Broadcast Notice to Mariners.
The regulations also provide for a one-way traffic pattern and/or a
five knot speed limit. These requirements will be activated by the
Patrol Commander when necessary to ensure the safety of navigation. In
addition, sailing vessels may be restricted to operating under
auxiliary power or under tow, and motor-sailing with mainsail only.
Activation of these additional 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.
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 Office 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), Reporting and recordkeeping
requirements, Waterways.
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 section 100.35-T11-003 is added to read as follows:
Sec. 100.35-T11-003 Special Local Regulations; San Diego Bay, Mission
Bay and America's Cup 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 by the following:
(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); thence along the shoreline to
32 deg.-40'-00.0" N, 117 deg.-13'-24.0" W (Zuniga Jetty Light ``Z'',
LLNR 1520); thence to
32 deg.-39'-12.0" N, 117 deg.-13'-18.0" W; thence to
32 deg.-37'-18.0" N, 117 deg.-14'-42.0" W (San Diego Approach ``SD'',
LLNR 1485); thence to
32 deg.-40'-00.0" N, 117 deg.-15'-40.0" W; thence to
32 deg.-40'-00.0" N, 117 deg.-14'-48.0" W; thence to
32 deg.-39'-54.0" N, 117 deg.-13'-24.0" W (Point Loma Light, LLNR 5);
thence along the shoreline returning to the point of beginning.
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.
(2) 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
(3) Mission Bay. The following area is subject to the regulations
delineated below--The water area between the COLREGS Demarcation Line
described in section 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 returning along the
shoreline to the COLREGS Demarcation Line.
Datum: NAD 83
(4) 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.
(1) Unaffiliated vessels. All vessels that are not registered with
the America's Cup '95 governing body (AC'95) or the Challenger of
Record Committee (CORC) as a participant, and not designated as an
AC'95 Race Vessel, a CORC Race Vessel, or an Official Vessel by the
Coast Guard Patrol Commander are unaffiliated vessels.
(2) Participant. Any IACC race boat, IACC chase boat or IACC tender
that is registered with AC'95 or CORC while in performance of its
official function relative to a given race.
(3) AC'95 or CORC Race Vessels. Any vessel designated by AC'95 or
CORC and approved by the U.S. Coast Guard Patrol Commander that has
been given official duties in support of the Citizen Cup or the Louis
Vuitton Cup Races. These vessels include, but are not limited to, mark
boats, stake boats, and umpire boats.
(4) 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 and CORC Crowd Control Vessels and media vessels. AC'95 and CORC
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 and CORC Crowd Control
Vessels will also fly the America's Cup patrol flag, and if required in
performance of their duties, operate a yellow and red flashing light.
(5) 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.'']
(6) Race Dates: The following dates are race dates: January 12,
1995 through January 22, 1995; January 29, 1995 through February 11,
1995; February 14, 1995 through February 27, 1995; and March 2, 1995
through March 12, 1995, inclusive.
(c) Special Local Regulations.
(1) West San Diego Bay. The following regulations are in effect
between the hours of 10 a.m. and 12 noon each race date. Additionally,
the following regulations are in effect for a period of approximately
two hours the afternoon of each race date, and will be implemented for
a designated period between 2:30 p.m. and 7 p.m. The time of
commencement of this afternoon regulatory period will be determined on
each race date, and notice of implementation will be provided by
Broadcast Notice to Mariners. A 15-minute advance notice of
commencement of the afternoon regulatory period will also be made by
Broadcast Notice to Mariners. Notice of the termination of the
afternoon regulatory period each race date will be made by Broadcast
Notice to Mariners, as well. The Patrol Commander may elect not to
implement the regulations on those race dates when the races are
postponed or canceled; announcement to that effect will be made by
Broadcast Notice to Mariners.
(i) Participant and unaffiliated vessels shall not exceed a speed
of ten knots.
(ii) When transiting through the regulated areas is necessary,
unaffiliated vessels shall make expeditious transit and shall not
impede or obstruct the orderly flow of vessel traffic.
(iii) All vessels shall follow instructions of Coast Guard and
Coast Guard Auxiliary vessels.
(iv) No vessel shall anchor in a non-anchorage area specified in
paragraph (a)(2) 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. and 12 noon each race date. Additionally, the
following regulations are in effect for a period of approximately two
hours the afternoon of each race date, and will be implemented for a
designated period between 2:30 p.m. and 7 p.m. The time of commencement
of this afternoon regulatory period will be determined on each race
date, and notice of implementation will be provided by Broadcast Notice
to Mariners. A 15-minute advance notice of commencement of the
afternoon regulatory period will also be made by Broadcast Notice to
Mariners. Notice of the termination of the afternoon regulatory period
each race date will be made by Broadcast Notice to Mariners, as well.
The Patrol Commander may elect not to implement the regulations on
those race dates when the races are postponed or canceled; announcement
to that effect will be made by Broadcast Notice to Mariners.
(i) Participant and unaffiliated vessels shall not exceed five
knots.
(ii) When transiting through the regulated area is necessary,
unaffiliated vessels shall make expeditious transit and shall not
impede or obstruct the orderly flow of vessel traffic.
(iii) All vessels shall follow instructions of Coast Guard and
Coast Guard Auxiliary vessels.
(3) IACC Offshore Race Venue. The following regulations are in
effect between the hours of 10 a.m. and 5:30 p.m. each race date on
those waters within the IACC Offshore Race Venue which fall 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. The Patrol Commander may elect not to implement the
regulations on those race dates when the races are postponed or
canceled; announcement to that effect will be made by Broadcast Notice
to Mariners.
(i) Unaffiliated vessels shall remain outside the course perimeter,
as marked by the AC'95 or CORC Race 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 unaffiliated vessels should remain clear of the race venue
and avoid interfering with any participant, AC'95 or CORC Race Vessel,
or Official Vessel. Interference with race activities may constitute a
safety hazard warranting cancellation or termination of all or part of
the race activities by the Patrol Commander.
(B) Any unauthorized entry within the race course perimeter, as
marked by the AC'95 or CORC Race Vessels and Official Vessels, by
unaffiliated 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, five knot speed limit, and sailing
restrictions. The Patrol Commander may implement one-way traffic
patterns, a five knot speed limit, and sailing restrictions in the
regulated areas or portions thereof if the Patrol Commander deems it
necessary to ensure safe navigation. Notice of these additional
restrictions will be made by Broadcast Notice to Mariners. If one-way
traffic patterns are implemented, participant and unaffiliated 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 is implemented, all traffic
entering or exiting the harbors will be required to make a speed of no
more than five knots through the water. If sailing restrictions are
implemented, all participant and unaffiliated sailing vessels shall be
operated under auxiliary power or under tow. Motor-sailing with
mainsail only will be allowed. If a five knot speed limit, one-way
traffic, or sailing restrictions are implemented, all participant and
unaffiliated vessels shall also abide by all other nonconflicting
provisions contained within these special local regulations associated
with the regulated area.
(d) Effective dates. These sections become effective at 10 a.m. PST
on January 12, 1995 and terminate at 7 p.m. PST on March 12, 1995
unless canceled earlier by the District Commander.
Dated: December 6, 1994.
D. D. Polk,
Captain, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard
District.
[FR Doc. 94-30926 Filed 12-15-94; 8:45 am]
BILLING CODE 4910-14-M
