[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: 94-30927]


[[Page Unknown]]

[Federal Register: December 16, 1994]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to adopt temporary special local 
regulations for those portions 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.

DATES: Comments should be received on or before January 30, 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: CGD11-94-010, or may be delivered to the 
same address between 9 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:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their name and address, 
identify this notice (CGD11-94-010), the specific section of the 
proposal to which their comments apply, and give the reason for each 
comment. Persons wanting acknowledgment of receipt of comments should 
enclose a stamped, self-addressed postcard or envelope.
    A public comment period of only 45 days is necessary in order to 
permit publication of a final rule at least 30 days prior to 
commencement of the effective period, yet still allow opportunity for 
submission and consideration of comments from the public.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments. 
The Coast Guard plans no public hearing. Persons may request a public 
hearing by writing to the Project Officer at the address under 
ADDRESSES. If it is determined that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

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 Proposed Regulation

    The event prompting a need for these proposed 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 will 
be 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 (CGD11-94-009).
    These proposed regulations are intended to promote safe navigation 
on the waters of the San Diego Bay, Mission Bay and the IACC race venue 
during the IACC Citizen Cup, Louis Vuitton Cup, and America's Cut 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 proposed for orderly passage to and from the IACC shore facilities 
and race venue.
    Speed limits and operating requirements are also proposed 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 for 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 proposed 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 proposed for the 
period of these regulations to promote smooth traffic flow and ensure 
access to docks and piers.
    These proposed 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 proposed regulations 
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 proposal 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 proposal 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).
    For reasons set forth in the above Regulatory Evaluation, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted, 
will not have a significant economic impact on a substantial number of 
small entities.

Collection of Information

    This proposed 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 proposal 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 proposal 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 proposal 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.

Proposed Regulations

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 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 100.35-T11-004 is added to read as follows:


Sec. 1000.35-T11-004  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 waters bounded by 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, 117-12'-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'', 
LLNR1520); 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 nonanchorage 
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; (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 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.-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 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 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.
    (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 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 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 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. Notice of one-way traffic and a 
five knot speed limit 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 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 sections become effective at 10 a.m. PST 
on March 18, 1995 and terminate at 7 p.m. PDT on May 27, 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. 94-30927 Filed 12-15-94; 8:45 am]
BILLING CODE 4910-14-M