[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]
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