USA Appeal US83
Definitions, Mark
Definitions, Obstruction
Definitions, Rule
QUESTION: Interpretation Requested by the Lake Michigan Sail Racing Federation

Government buoys marking a security zone are not obstructions unless they fit the terms of the definition Obstruction. Boats may pass such obstructions on either side unless the sailing instructions prohibit sailing inside the security zone. A boat cannot be penalized under the racing rules for violating government regulations unless the sailing instructions make the regulations a rule governing the event.
Assumed Facts
Chicago has several water intake cribs off its shoreline. The cribs are approximately 150 feet in diameter, rise 25 feet above the water, and are surrounded by navigable water. After September 11, 2001, the U.S. government issued security regulations that established “security zones” around these cribs. A ring of buoys marks the perimeter of each security zone, with the buoys approximately 100 yards from the crib. The security regulations state that “No vessel is to penetrate this zone.” The sailing instructions state that one of these cribs is a mark of the course. The notice of race and sailing instructions contain no statement that makes the U.S. government security regulations applicable. The sailing instructions do not define the buoys as marks, or the areas identified by the buoys as obstructions.

Question 1
Are the perimeter buoys part of the mark?

Answer 1
No. Only the water intake crib is the mark.

Question 2
Are the perimeter buoys obstructions?

Answer 2
No. The perimeter buoys are not obstructions, unless they (a) are so large as to qualify under the first part of the definition Obstruction, (b) cannot be safely passed on either side, or (c) form an area designated as an obstruction by the sailing instructions, as provided in the second sentence of the definition Obstruction.

Question 3
If the buoys are obstructions, can boats pass on either side without penalty?

Answer 3
Yes. No rule prohibits passing an obstruction on a particular side. However, if the buoys form an area designated by the sailing instructions as an obstruction, and if the sailing instructions also prohibit sailing inside the area, a boat passing the side of a buoy that is inside the area could be protested and penalized. The prohibition is necessary because designating the area as an obstruction only brings rules 19 (Room to Pass an Obstruction) and 20 (Room to Tack at an Obstruction) into play, and nothing in those rules prohibits sailing “inside” an obstruction.

Question 4
If a boat violates the U.S. government security regulations by sailing inside the security zone, can she be penalized under the racing rules?

Answer 4
No. A boat cannot be penalized under the racing rules unless the sailing instructions make the applicable U.S. government security regulation a rule governing the event.

May 2003
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