[Federal Register Volume 59, Number 196 (Wednesday, October 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25155]


[[Page Unknown]]

[Federal Register: October 12, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD11-94-004]
RIN 2115-AE46

 

Special Local Regulations; International America's Cup Class 
World Championships; 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 that 
portion of the International America's Cup Class (IACC) World 
Championships that is being conducted in the waters of the Pacific 
Ocean adjacent to San Diego Bay and Mission Bay between October 28, 
1994 and November 6, 1994, inclusive. These regulations are necessary 
to provide for the safety of life, property, and navigation on the 
navigable waters of the United States during the scheduled events.

DATES: These regulations become effective at 10 a.m. PDT on October 28, 
1994 and terminate at 5:30 p.m. PST on November 6, 1994, unless 
cancelled earlier by the District Commander. Comments must be received 
by October 27, 1994.

ADDRESSES: Comments may be mailed to Lieutenant Cam Lewis, USCG 
America's Cup Patrol, Naval Training Center, Building 302, San Diego, 
California 92133-5000, Attn: CCGD11-94-004 or may be delivered to the 
same address between 8 a.m. and 3 p.m., Monday through Friday, except 
federal holidays.

    The Eleventh Coast Guard District Commander maintains the public 
docket for this rulemaking. Comments will become part of this docket 
and will be available for inspection or copying at Eleventh Coast Guard 
District Office, Operations Division, 501 West Ocean Boulevard, Suite 
8240, Long Beach, California 90822-5399.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Cam Lewis, America's Cup Patrol; telephone number (619) 557-
2920.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking was not published for this regulation and it is 
being made effective in less than 30 days after Federal Register 
publication. Publishing a notice of proposed rulemaking and delaying 
the effective date of this regulation would be contrary to the public 
interest since the event is expected to result in a high concentration 
of spectator and participant vessels, and the actual stipulations of 
the special local regulations were not finalized in time for 
publication more than 30 days prior to the start of the event.
    Although this regulation is published as a final rule, without 
prior notice, an opportunity for public comment is nevertheless 
desirable to ensure the regulation is both reasonable and workable. 
Accordingly, persons wishing to comment may do so by submitting written 
comments to the office listed under ADDRESSES in this preamble. Those 
providing comments should identify the docket number (CCGD11-94-004) 
for the regulation and also include their name, address and reason(s) 
for each comment presented. Persons wanting acknowledgment of receipt 
of comments should enclose a stamped, self-addressed postcard or 
envelope.
    Based upon the comments received, the scope of the regulation may 
be changed.

Drafting Information

    The principal persons involved in drafting this document are 
Lieutenant Cam Lewis, Project Officer for the Patrol Commander, and 
Lieutenant Robin Barber, Project Attorney, Eleventh Coast Guard 
District Legal Office.

Discussion of Regulation

    The event prompting a need for these Special Local Regulations is 
the International America's Cup Class World Championships which will be 
conducted in the San Diego area in October and November 1994. In 
addition, exhibition races will be held on two dates in October and 
November 1994 within San Diego Bay; special local regulations 
establishing measures promoting the safety of these exhibition race is 
the subject of separate rulemaking (CGD11-94-006).
    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 World Championship 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.
    A channel within San Diego Bay has been designated for the 
exclusive use of IACC vessels during specifically prescribed hours. 
This channel (the America's Cup Channel) is adjacent to the dredged 
main ship channel and bounded by the shoreline of North Island.
    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 the IACC shore facilities 
and race venue. The America's Cup Channel passes through the Security 
Zone listed in 33 CFR 165.1105 adjacent to naval piers J through P on 
the western shore of North Island. Participants, vessels carrying race 
officials, and patrol vessels may transit this Security Zone during the 
periods these Special Local Regulations are in effect, unless otherwise 
notified through Broadcast Notice to Mariners and by patrol vessels on 
scene.
    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.
    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 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 this regulation while 
operating within the regulated areas during the regulatory periods are 
subject to citation for failure to comply with this regulation, and 
subject to the penalties presented in 33 U.S.C. 1236 and 33 CFR 100.50.

Regulatory Evaluation

    This regulation is not a significant regulatory action under 
Section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under Section 6(a)(3) of 
that Order. It has been exempted from review by the Office of 
Management and Budget under that Order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the 
economic impact of this regulation to be so minimal that a full 
Regulatory Evaluation under paragraph 10(e) of the Department of 
Transportation regulatory policies and procedures is unnecessary.

Collection of Information

    This regulation contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
    Federalism. The Coast Guard has analyzed this regulation in 
accordance with the principles and criteria contained in Executive 
Order 12612 and has determined that this regulation does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.

Environmental Assessment

    The environmental impact of this regulation has been analyzed in 
the Environmental Assessment (EA) prepared by America's Cup 1995, the 
organizing committee of the races, in connection with its application 
for a Coast Guard regatta permit. A copy of the EA has been made a part 
of the public docket and is available for review at the Eleventh Coast 
Guard District Offices at the address listed under ADDRESSES.
    The Coast Guard has reviewed the EA submitted by the sponsors of 
the event, considered the environmental impact of this regulation and 
concluded that, under section 2.B.2 of Commandant Instruction 
M16475.1B, it will have no significant environmental impact and it is 
categorically excluded from further environmental documentation. A 
Finding of No Significant Impact (FONSI) has been prepared in 
connection with the regatta permit, has been made part of the public 
docket, and is available for review at the address listed under 
ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water).

Regulation

    In consideration of the foregoing, part 100 of title 33, Code of 
Federal Regulations, is amended as follows:

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 Sec. 100.35-T11001 is added to read as follows:


Sec. 100.35-T11001  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 as:
    (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); bounded on both sides by the shoreline of San 
Diego Bay, including the submerged Zuniga Shoal Jetty; and bounded 
to the south by the COLREGS Demarcation Line described in section 
80.1104 of this chapter (COLREG Demarcation Line).

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) America's Cup Channel. The following area is subject to the 
regulations delineated below--The waters bounded by a line connecting 
the following points, beginning at:

32 deg.-40'-00.0'' N 117 deg.-13'-24.0'' W; (Zungia Jetty Light 
``Z'', LLNR 1520); thence to
32 deg.-39'-59.5'' N 117 deg.-13'-36.2'' W; thence to
32 deg.-41'-44.1'' N 117 deg.-13'-51.6'' W; (Buoy ``14''); thence to
32 deg.-42'-06.5'' N 117 deg.-13'-45.0'' W; (Buoy ``16''); thence to
32 deg.-42'-22.5'' N 117 deg.-13'-34.2'' W; (Buoy ``16A''); thence 
to
32 deg.-42'-47.4'' N 117 deg.-13'-02.0'' W; (Buoy ``18''); thence to
32 deg.-43'-00.0'' N 117 deg.-12'-25.0'' W; (Buoy ``20''); thence to
32 deg.-43'-03.0'' N 117 deg.-11'-39.8'' W; thence to
32 deg.-42'-31.4'' N 117 deg.-10'-43.5'' W; (Buoy ``22''); thence to
32 deg.-41'-54.6'' N 117 deg.-09'-54.3'' W; (Buoy ``24''); thence to
32 deg.-41'-21.0'' N 117 deg.-09'-14.0'' W; (Pier 18, San Diego-
Coronado Bay Bridge); thence to
32 deg.-41'-16.0'' N 117 deg.-09'-20.0'' W; (Pier 15, San Diego-
Coronado Bay Bridge); thence to
32 deg.-41'-40.5'' N 117 deg.-09'-49.0'' W; thence to
32 deg.-41'-52.3'' N 117 deg.-09'-56.5'' W; thence to
32 deg.-42'-21.6'' N 117 deg.-10'-48.0'' W; thence to
32 deg.-42'-44.5'' N 117 deg.-11'-14.0'' W; thence to
32 deg.-42'-52.0'' N 117 deg.-11'-24.5'' W; thence along the 
shoreline to
32 deg.-40'-55.0'' N 117 deg.-13'-22.0'' W; (Zuniga Jetty Light 
``V'', LLNR 1540); thence along the submerged jetty, returning to 
the point of beginning.

Datum: NAD 83

    (3) 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

    (4) Mission Bay. The following area is subject to the regulations 
delineated below--The water area between the COLREGS Demarcation Line 
described in Sec. 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

    (5) 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.
    AC'95 Vessels. Any vessel designated by AC'95 and approved by the 
U.S. Coast Guard Patrol Commander that has been given official duties 
in support of the World Championship Races. These vessels include but 
are not limited to mark boats, stake boats, and umpire boats.
    Official Vessels. Official Vessels are all U.S. Coast Guard, U.S. 
Coast Guard Auxiliary, state and local law enforcement vessels, and 
civilian vessels designated by the Coast Guard Patrol Commander and 
flying the official patrol vessel flag. The official patrol vessel flag 
is a white rectangular flag emblazoned with the words ``America's Cup 
'95'' and depicting two sailing vessels racing beneath the America's 
Cup trophy. The civilian vessels may include but are not limited to 
AC'95 Crowd Control Vessels and media vessels. AC'95 Crowd Control 
vessels are 20-foot and 23-foot Bayliner power boats identified by the 
word ``PATROL'', followed by a number, printed in large letters on both 
sides of the vessel. AC'95 Crowd Control Vessels will fly the official 
patrol vessel flag and operate a yellow and red flashing light.
    Participant. Any IACC race boat, IACC chase boat or IACC tender 
that is registered with AC'95 while in performance of its official 
function relative to a given race.
    Patrol Commander. A Patrol Commander has been designated by the 
Commander, Eleventh Coast Guard District. The Patrol Commander has the 
authority to control the movement of all vessels operating in the 
regulated areas and may suspend the regatta at any time it is deemed 
necessary for the protection of life and property.

    Note: The Patrol Commander may be contacted during the 
regulatory periods on VHF/FM Channel 16 (156.8 MHZ) or Channel 22 
(157.1 MHZ) by calling ``Coast Guard Patrol Commander'' or ``Coast 
Guard San Diego.''

    Spectator vessels. All vessels not registered with the America's 
Cup '95 governing body (AC'95), the race sponsor, as a participant and 
not designated as an AC'95 Vessel or an Official Vessel by the Coast 
Guard Patrol Commander are spectator vessels.
    (c) Special Local Regulations.--(1) West San Diego Bay/America's 
Cup Channel. The following regulations are in effect between the hours 
of 10 a.m. to 12 noon and 3:30 p.m. to 5:30 p.m. on October 28 and 29 
and November 1, 2 and 4, 1994, and as otherwise ordered by the Patrol 
Commander by Broadcast Notice to Mariners:
    (i) All participants shall use the America's Cup Channel when 
entering or departing San Diego Bay.
    (ii) Participants shall not operate their vessels exclusively under 
sail within the America's Cup Channel or within San Diego Bay without 
the express permission of the Patrol Commander. Participant vessels 
shall be under power or tow when transiting the America's Cup Channel.
    (iii) Spectators and participant vessels shall not exceed a speed 
of ten knots.
    (iv) Spectators sail vessels shall not operate exclusively under 
sail without the prior express permission of the Patrol Commander.
    (v) Spectator vessels shall not enter the America's Cup Channel, as 
defined in paragraph (a)(2) of this section, except in the case of an 
emergency. If equipped with a VHF/FM radio, vessels shall immediately 
notify the Coast Guard on Channel 16 (156.8 MHZ) of the existence of 
any emergency.
    (vi) When transiting through the regulated areas is necessary, 
spectator vessels shall make expeditious transit and shall not impede 
or obstruct the orderly flow of vessel traffic.
    (vii) All vessels shall follow instructions of Coast Guard and 
Coast Guard Auxiliary vessels.
    (viii) No vessel shall anchor in a non-anchorage area specified in 
paragraph (a)(3) 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. to 12 noon and 3:30 p.m. to 5:30 p.m. on October 
28 and 29 November 1, 2 and 4, 1994, and as otherwise ordered by the 
Patrol Commander by Broadcast Notice to Mariners:
    (i) Spectator and participant vessels shall not exceed five knots.
    (ii) Spectator and participant sail vessels shall not operate 
exclusively under sail without the prior express permission of the 
Patrol Commander.
    (iii) When transiting through the regulated area is necessary, 
spectator 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 from 12 noon to 5:30 p.m. on October 28 and 29 and November 1, 2 
and 4, 1994, and as otherwise ordered by the Patrol Commander by 
Broadcast Notice to Mariners, within the IACC offshore race venue which 
falls 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:
    (i) Spectator vessels shall remain outside the course perimeter, as 
marked by the AC'95 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 spectator vessels should remain clear of the race venue and 
avoid interfering with any participant, AC'95 Vessels or Official 
Vessels. Interference with race activities may constitute a safety 
hazard warranting cancellation or termination of all or part of the 
World Championship race activities by the Patrol Commander.
    (B) Any unauthorized entry within the race course perimeter, as 
marked by the AC'95 Vessels and Official Vessels, by spectator 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 shall be made by Broadcast Notice to Mariners. If 
one-way traffic patterns are implemented, spectator and participant 
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 or one-way traffic is 
implemented, all participant and spectator vessels shall also abide by 
all other nonconflicting provisions contained within these special 
local regulations associated with the regulated area. If a five knot 
speed limit is implemented in San Diego Bay, all traffic entering or 
exiting the harbors will be required to make a speed of no more than 
five knots through the water.
    (d) Effective Dates. This section is effective 10 a.m. PDT on 
October 28, 1994 through 5:30 p.m. PST on November 6, 1994, inclusive, 
unless cancelled earlier by the District Commander.

    Dated: September 22, 1994.
R.A. Applebaum,
Rear Admiral, Coast Guard, Commander, Eleventh Coast Guard District.
[FR Doc. 94-25155 Filed 10-11-94; 8:45 am]
BILLING CODE 4910-14-M