[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: 94-30926]


[[Page Unknown]]

[Federal Register: December 16, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD11-94-009]
RIN 2115-AE46

 

Special Local Regulations; Citizen Cup Defender Selection Series 
and Louis Vuitton Cup Challenger Selection Series; 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 
those portions of the International America's Cup Class (IACC) Citizen 
Cup Defender Selection Series and the Louis Vuitton Cup Challenger 
Selection Series that are being conducted in the waters of the Pacific 
Ocean adjacent to San Diego Bay and Mission Bay on the following dates: 
January 12, 1995 through January 22, 1995; January 29, 1995 through 
February 11, 1995; February 14, 1995 through February 27, 1995; and 
March 2, 1995 through March 12, 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: These regulations become effective at 10 a.m. PST on January 12, 
1995 and terminate at 7 p.m. PST on March 12, 1995 unless canceled 
earlier by the District Commander. Comments must be received by January 
11, 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: CGD11-94-009 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 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: 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 (CGD11-94-009) 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 Commander Craig Juckniess, 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 (IACC) Citizen Cup Defender 
Selection Series and the Louis Vuitton Cup Challenger Selection Series 
which will be conducted in the San Diego area on several series of 
dates during the period January through mid-March 1995. In addition, 
races in the Citizen Cup Defender Semi-Final and Final Series, the 
Louis Vuitton Cup Challenger Semi-Final and Final Series, and the 
America's Cup Match Races will be held on several series of dates 
during the period mid-March through May 1995. Special Local Regulations 
establishing measures promoting the safety of these races are the 
subject of separate rulemaking (CGD11-94-010); as these regulations 
contain different vessel operating restrictions, publishing a separate 
set of regulations for the latter period will help reduce confusion to 
the public.
    These regulations are intended to promote safe navigation on the 
waters of San Diego Bay, Mission Bay and the IACC race venue during the 
Citizen Cup and Louis Vuitton Cup 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 special local 
regulations, speed limits and operating requirements have been 
established for orderly passage to and from San Diego Bay and the 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.
    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 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 regulations also provide for a one-way traffic pattern and/or a 
five knot speed limit. These requirements will be activated by the 
Patrol Commander when necessary to ensure the safety of navigation. In 
addition, sailing vessels may be restricted to operating under 
auxiliary power or under tow, and motor-sailing with mainsail only. 
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.
    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 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.

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 section 100.35-T11-003 is added to read as follows:


Sec. 100.35-T11-003  Special Local Regulations; San Diego Bay, Mission 
Bay and America's Cup 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 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 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

    (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.-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 or the Louis 
Vuitton Cup 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 also 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: January 12, 
1995 through January 22, 1995; January 29, 1995 through February 11, 
1995; February 14, 1995 through February 27, 1995; and March 2, 1995 
through March 12, 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 and unaffiliated vessels shall not exceed a speed 
of ten knots.
    (ii) 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.
    (iii) All vessels shall follow instructions of Coast Guard and 
Coast Guard Auxiliary vessels.
    (iv) 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) 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.
    (iii) 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 cancellation 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, five knot speed limit, and sailing 
restrictions. The Patrol Commander may implement one-way traffic 
patterns, a five knot speed limit, and sailing restrictions in the 
regulated areas or portions thereof if the Patrol Commander deems it 
necessary to ensure safe navigation. Notice of these additional 
restrictions 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 sailing restrictions are 
implemented, all participant and unaffiliated sailing vessels shall be 
operated under auxiliary power or under tow. Motor-sailing with 
mainsail only will be allowed. If a five knot speed limit, one-way 
traffic, or sailing restrictions are 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 January 12, 1995 and terminate at 7 p.m. PST on March 12, 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. 94-30926 Filed 12-15-94; 8:45 am]
BILLING CODE 4910-14-M