[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: 94-30927]
[[Page Unknown]]
[Federal Register: December 16, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD11-94-010]
RIN 2115-AE46
Special Local Regulations; Citizen Cup Defender Semi-Final and
Final Series, Louis Vuitton Cup Challenger Semi-Final and Final Series,
and America's Cup Match Races; San Diego Bay and Mission Bay, CA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to adopt temporary special local
regulations for those portions of the International America's Cup Class
(IACC) Citizen Cup Defender Semi-Final and Final Series, Louis Vuitton
Cup Challenger Semi-Final and Final Series, and America's Cup Match
Races that are being conducted in the waters of the Pacific Ocean
adjacent to San Diego Bay and Mission Bay on the following dates: March
18, 1995 through April 2, 1995; April 9, 1995 through April 23, 1995;
and May 6, 1995 through May 27, 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: Comments should be received on or before January 30, 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: CGD11-94-010, or may be delivered to the
same address between 9 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:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their name and address,
identify this notice (CGD11-94-010), the specific section of the
proposal to which their comments apply, and give the reason for each
comment. Persons wanting acknowledgment of receipt of comments should
enclose a stamped, self-addressed postcard or envelope.
A public comment period of only 45 days is necessary in order to
permit publication of a final rule at least 30 days prior to
commencement of the effective period, yet still allow opportunity for
submission and consideration of comments from the public.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a public
hearing by writing to the Project Officer at the address under
ADDRESSES. If it is determined that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
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 Proposed Regulation
The event prompting a need for these proposed Special Local
Regulations is the IACC Citizen Cup and Louis Vuitton Cup Semi-Finals
and Finals, and the America's Cup Match Races which will be conducted
in the San Diego area on several series of dates during the period mid-
March through May 1995. In addition, races in the Citizen Cup Defender
Selection Series and Louis Vuitton Cup Challenger Selection Series will
be held on several series of dates during the period January through
mid-March 1995; Special Local Regulations establishing measures
promoting the safety of these races are the subject of separate
rulemaking (CGD11-94-009).
These proposed regulations are intended to promote safe navigation
on the waters of the San Diego Bay, Mission Bay and the IACC race venue
during the IACC Citizen Cup, Louis Vuitton Cup, and America's Cut Match
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.
Within the geographic area of applicability of these proposed
special local regulations, speed limits and operating requirements have
been proposed for orderly passage to and from the IACC shore facilities
and race venue.
Speed limits and operating requirements are also proposed 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.
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 for 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 proposed 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 additional regulations will be announced by patrol
vessels on scene and by Broadcast Notice to Mariners.
Additionally, several non-anchorage areas are proposed for the
period of these regulations to promote smooth traffic flow and ensure
access to docks and piers.
These proposed 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 these proposed regulations
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 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 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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under Section 3 of the Small Business Act
(15 U.S.C. 632).
For reasons set forth in the above Regulatory Evaluation, the Coast
Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted,
will not have a significant economic impact on a substantial number of
small entities.
Collection of Information
This proposed 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 proposal 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 proposal 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 proposal 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.
Proposed Regulations
For the reasons set out in the preamble, the Coast Guard proposes
to amend Part 100 of Title 33, Code of Federal Regulations 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-T11-004 is added to read as follows:
Sec. 1000.35-T11-004 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 by the following:
(1) West San Diego Bay.
(i) The following area is subject to the regulations delineated
below--The waters bounded by 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, 117-12'-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'',
LLNR1520); 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 nonanchorage
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; (south west corner of ``B
Street'' Pier); thence to
32 deg.-42'-46.0''N, 117 deg.-10'-33.0''W; (the shoreline to the north
west 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.-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, Louis Vuitton
Cup or America's Cup Match 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 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: March 18, 1995
through April 2, 1995; April 9, 1995 through April 23, 1995; and May 6,
1995 through May 27, 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 vessels shall be operated under auxiliary power or
tow when transiting San Diego Bay. Participants shall not operate their
vessels exclusively under sail within San Diego Bay without the express
permission of the Patrol Commander to do so. IACC boats may operate
with mainsail set while being towed.
(ii) Participant and unaffiliated vessels shall not exceed a speed
of ten knots.
(iii) Unaffiliated sail vessels shall operate under auxiliary power
or tow. Motor-sailing with mainsail only will be allowed.
(iv) 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.
(v) All vessels shall follow instructions of Coast Guard and Coast
Guard Auxiliary vessels.
(vi) 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) Participant and unaffiliated sail vessels shall operate under
auxiliary power or tow. Motor-sailing with mainsail only will be
allowed.
(iii) 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.
(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 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 cancelation 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 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 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 one-way traffic
or a five knot speed limit is 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 March 18, 1995 and terminate at 7 p.m. PDT on May 27, 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. 94-30927 Filed 12-15-94; 8:45 am]
BILLING CODE 4910-14-M
