Special Local Regulations; Citizen Cup Defender Selection Series and Louis Vuitton Cup Challenger Selection Series; San Diego Bay and Mission Bay, CA

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.

-----------------------------------------------------------------------

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