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

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]

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