[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: 94-25156]


[[Page Unknown]]

[Federal Register: October 12, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 100

[CGD11-94-006]
RIN 2115-AE46

 

Special Local Regulations; International America's Cup Class 
World Championships Bay Races; San Diego 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) regatta and 
exhibition races that are being conducted within San Diego Bay (the 
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: CCGD11-94-006 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 (CCGD11-94-006) 
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 within San Diego Bay in October and November 1994. In 
addition, ocean races will be conducted in the Pacific Ocean offshore 
of San Diego in October and November 1994; special local regulations 
establishing measures promoting the safety of these ocean races is the 
subject of separate rulemaking (CGD11-94-004)./
    These regulations are intended to promote safe navigation on the 
waters of San Diego Bay during the exhibition 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.
    During the regulatory period prescribed in these regulations, 
specified portions of San Diego Bay will be closed to all vessel 
traffic except vessels designated by the U.S. Coast Guard Patrol 
Commander. A designated channel, adjacent to the dredged main ship 
channel, bounded by the shoreline of North Island and passing through 
the Security Zone defined in 33 CFR 165.1105 adjacent to naval piers J 
through P on the western shore of North Island will be available for 
non-participating vessels to enter, exit and travel within San Diego 
Bay during the regulatory period. Those vessels wishing to use this 
channel to enter or exit San Diego Bay must obtain permission to 
proceed from the Patrol Commander at least 30 minutes prior to the 
expected transit.
    Speed limits and operating requirements are also established for 
other vessel traffic operating within the regulated areas during the 
exhibition races and when most IACC and spectator vessels are expected 
to transit the harbors. During these times, spectator vessels shall not 
operate exclusively under sail within the regulated areas.
    These operating requirements are applicable to all vessels 
operating within San Diego Bay preceding, during and following the IACC 
boat races, unless otherwise specified.
    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:
    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 Sec. 100.35-T11002 is added to read as follows:


Sec. 100.35-T11002  Special Local Regulations; San Diego Bay, CA.

    (a) Regulated Areas. These regulations pertain to specified 
portions of San Diego Bay, defined as:
    (1) San Diego Bay. The following area is subject to the regulations 
delineated below--The water area seaward of the San Diego-Coronado Bay 
Bridge (a line connecting 32 deg.-41'-16.0'' N, 117 deg.-09'-20.0'' W 
(Pier 15) and 32 deg.-41'-35.0'' N, 117 deg.-09'-00.0'' W (Pier 21)); 
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 (COLREGS 
Demarcation Line), excluding the following areas:
    (i) Shelter Island Yacht Basin. The water area shoreward of a 
line connecting 32 deg.-42'-28.0'' N, 117 deg.-14'-05.0'' W and 
32 deg.-42'-24.0'' N, 117 deg.-14'-13.0'' W;
Datum: NAD 83
    (ii) America's Cup Basin. The water area shoreward of a line 
connecting 32 deg.-43'-19.0'' N, 117 deg.-13'07.0'' W and 32 deg.-43'-
10.0'' W, 117 deg.-13'-12.0'' W;
Datum: NAD 83
    (iii) West Basin. The water area shoreward of a line connecting 
32 deg.-43'-30.0'' N, 117 deg.-12'-48.0'' W (Harbor Island Light LLNR 
1700)) and 32 deg.-43'-20.0'' N, 117 deg.-13'-00.0'' W;
Datum: NAD 83
    (iv) East Basin. The water area shoreward of a line connecting 
32 deg.-43'-37.0'' N, 117 deg.-11'-07.0'' W and 32 deg.-43'-29.0'' N, 
117 deg.-11'-16.0'' W; and
Datum: NAD 83
    (iv) Inter-Continental Marina. The water area shoreward of a line 
connecting 32 deg.-42'-19.0'' N, 117 deg.-10'-03.0'' W and 32 deg.-42'-
16.0'' N, 117 deg.-09'-58.0'' W.
Datum: NAD 83
    (2) America's Cup Channel. The following area is subject to the 
regulations delineated below--The water area bounded by a line 
connecting the following points, beginning at:

32 deg.-40'-00.0'' N 117 deg.-13'-24.0'' W (Zuniga 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) IACC Bay Racing Venue. The following area is subject to the 
regulations delineated below--The waters within San Diego Bay bounded 
by a line connecting the following points, beginning at:

32 deg.-42'-12.0'' N 117 deg.-13'-30.0'' W (North Island Light ``2'' 
(LLNR 1615)); thence to
32 deg.-42'-23.5'' N 117 deg.-13'-49.5'' W; thence to
32 deg.-43'-08.0'' N 117 deg.-12'-58.0'' W; thence to
32 deg.-43'-21.0'' N 117 deg.-12'-46.8'' W; thence to
32 deg.-43'-22.5'' N 117 deg.-12'-00.0'' W; thence to
32 deg.-43'-21.0'' N 117 deg.-11'-22.0'' W; thence to
32 deg.-43'-10.0'' N 117 deg.-10'-42.5'' W; thence to
32 deg.-42'-42.0'' N 117 deg.-10'-42.5'' W; thence to
32 deg.-41'-36.6'' N 117 deg.-09'-13.8'' W; thence to
32 deg.-41'-38.2'' N 117 deg.-09'-51.0'' W; thence along the 
shoreline, 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 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 (AC'95), the race sponsor, as a participant and not 
designated as an AC'95 Race Official or an Official Vessel by the Coast 
Guard Patrol Commander are spectator vessels.
    Transmitting vessels. A special classification of spectator 
vessels, whose sole purpose for being underway within the waters of San 
Diego Bay is to exit the Bay or enter the Bay and return to its 
mooring. Transiting vessels include commercial or military vessels.
    (c) Special Local Regulations. The following regulations are in 
effect between the hours of 10 a.m. and 5:30 p.m. on October 30 and 
November 5, 1994, and as otherwise ordered by the Patrol Commander 
through Broadcast Notice to Mariners:
    (1) The area of San Diego Bay described as the IACC Bay Racing 
Venue in paragraph (a)(3) of this section shall be closed to all 
vessels except participants, AC'95 Vessels and Official Vessels.
    (2) All transiting vessels wishing to enter or exit San Diego Bay 
through the America's Cup Channel, specified in paragraph (a)(2) of 
this section (the Channel), must obtain permission to proceed in the 
Channel from the Patrol Commander at least 30 minutes prior to the 
expected transit time (prior to entering the Channel). Before actual 
entry into the Channel, the vessel must notify the Patrol Commander of 
its location and speed. VHF/FM Channel 13 (156.65 MHZ) is the 
designated channel for these communications. If deemed necessary by the 
Patrol Commander, the Coast Guard will assign an escort vessel to 
accompany the transiting vessel through the Channel. The maximum speed 
for transiting through the Channel is ten knots. While using the 
Channel, the transiting vessel shall follow all directions of the 
Patrol Commander and the assigned escort vessel, if applicable.
    (3) Spectator sail vessels shall not operate exclusively under sail 
without the prior express permission of the Patrol Commander to do so.
    (4) Spectator vessels shall not enter the IACC Bay Racing Venue, as 
specified in paragraph (a)(3) of this section (and identified by 
Official Vessels and inflatable buoys marking the race venue 
perimeter), or the America's Cup Channel, as specified 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.
    (5) Spectator and transiting vessels shall not impede or interfere 
with AC'95 Vessels, Official Vessels and participant vessels.
    (6) Spectator and transiting vessels shall not exceed a speed of 
ten knots.
    (7) Five Knot Speed Limit. The Patrol Commander may implement a 
five knot speed limit within the regulated areas, or portions thereof, 
if the Patrol Commander deems it necessary to ensure safe navigation. 
Notice of the five knot speed limit shall be made by a Broadcast Notice 
to Mariners. If a five knot speed limit is implemented, all spectator 
and transiting traffic, whether entering or exiting the harbors, will 
be required to comply.
    (8) All vessels shall follow instructions of Coast Guard and Coast 
Guard Auxiliary vessels.
    (d) Effective Dates. This section will be 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. Appelbaum,
Admiral, U.S. Coast Guard Commander, Eleventh Coast Guard District.
[FR Doc. 94-25156 Filed 10-11-94; 8:45 am]
BILLING CODE 4910-14-M