[Federal Register Volume 60, Number 41 (Thursday, March 2, 1995)]
[Rules and Regulations]
[Pages 11629-11632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5170]
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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: Final rule.
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SUMMARY: The Coast Guard is establishing temporary special local
regulations for that portion 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.
EFFECTIVE DATE: This rule becomes effective at 10 a.m. PST on March 18,
1995 and terminates at 7 p.m. PDT on May 27, 1995 unless cancelled
earlier by the District Commander.
FOR FURTHER INFORMATION CONTACT: Lieutenant Cam Lewis, America's Cup
Patrol; telephone number (619) 557-2920.
SUPPLEMENTARY INFORMATION:
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.
Regulatory History
On December 16, 1994, the Coast Guard published a notice of
proposed rulemaking for these regulations in the Federal Register (59
FR 64996). The comment period ended on January 30, 1995. The Coast
Guard received no comments on the proposal. A public hearing was not
requested and no hearing was held.
Background and Purpose
The event prompting a need for these 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 are being 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 (59 FR
64850, December 16, 1994).
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 Citizen Cup, Louis Vuitton Cup, and America's Cup 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 established for orderly passage to and from the IACC shore
facilities and 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. 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 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 [[Page 11630]] dates. In the event of cancelation 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 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 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 these regulations while
operating within the regulated areas during the regulatory periods are
subject to citation for failure to comply with these regulations, 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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rulemaking 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). Because the Coast Guard expects the
impact of this rule to be minimal, the Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
Collection of Information
This rulemaking 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 rule 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 rulemaking 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.
Regulations
In consideration of the foregoing, the Coast Guard is amending 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 100.35T11-004 is added to read as follows:
Sec. 100.35T11-004 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 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 returning along the shoreline 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.
Datum: NAD 83
(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. [[Page 11631]]
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 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, 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 rate 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. [[Page 11632]]
(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 the 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 the 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 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. Notion 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, 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 regulations become effective 10 a.m. PST
on March 18, 1995 and terminate at 7 p.m. PDT on May 27, 1995 unless
cancelled earlier by the District Commander.
Dated: February 16, 1995.
R.A. Appelbaum,
Rear Admiral, U.S. Coast Guard,
Commander, Eleventh Coast Guard District.
[FR Doc. 95-5170 Filed 3-1-95; 8:45 am]
BILLING CODE 4910-14-M
