33rd America’s Cup Match in Valencia NOTICE OF RACE (NOR)

33rd America’s Cup Match
(“Match”)
From 1st February 2010 to 25th February 2010∗
Société Nautique de Genève
(“Organising Authority”)
Valencia, Spain
NOTICE OF RACE
(“NOR”)



1. RULES
1.1 In accordance with the terms of the Deed of Gift which requires in the
absence of mutual consent the Match be governed by SNG’s “rules and
sailing regulations so far as they do not conflict with the provisions of this
Deed of gift” , the Match will be governed by the following:
(a) The Deed of Gift dated 24th October 1887 as amended by the
orders of the Supreme Court of the State of New York dated 17th
December 1956, 20th September 1984, and 5th April 1985;
(b) this Notice of Race published by the Organising Authority pursuant
to RRS 89;
(c) the Sailing Instructions to be published by the Race Committee
pursuant to RRS 90.2;
(d) the Racing Rules of Sailing for 2009-2012 (“RRS”) as amended by
the documents precedent and by this NOR;
(e) the Prescriptions of Swiss Sailing as set out in Attachment 1 of this
NOR with an English translation; and
(f) ISAF Addendum Q (Umpired Fleet Racing) as published by ISAF
as at the date of this NOR shall apply; (A copy of Addendum Q as
at the date of this NOR is attached to this NOR as Attachment 2)
∗ Subject to NOR 6.4
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provided it is approved by ISAF, or the International Jury before the
issue of the Sailing Instructions; if not so approved, ISAF
Addendum Q shall not apply, there shall be no umpires, and
Appendix C shall not apply.
1.2 Any conflict in the rules shall be resolved by applying the rule in the first
listed document above which shall prevail over a conflicting rule in a
subsequently listed document.
1.3 A copy of all the above documents and rules will be available at
www.americascup.com except that any document published by ISAF is
available on ISAF’s website at www.sailing.org.
1.4 For the avoidance of doubt:
(a) RRS Appendices A, B, C, D, and E shall not apply;
(b) The ISAF Equipment Rules of Sailing 2009 – 2012 shall not apply;
(c) ISAF Regulations shall not apply, unless stated to apply in this
Notice of Race or the Sailing Instructions;
(d) All past trustee interpretative resolutions issued prior to 2 March
2003 were repealed by SNG in 2003 and are of no further effect;
(e) Any changes to the RRS including to Addendum Q, to any ISAF
Regulation, or to the prescriptions of Swiss Sailing, made after the
date of issue of this NOR shall not apply to the Match unless
adopted by an amendment to this NOR or in the Sailing
Instructions;
(f) The Prescriptions of the ISAF Member National Authority of the
venue of the Match shall not apply.
1.5 The RRS will be changed (or applied) in the Sailing Instructions as follows:
(a) The amendments made to the RRS by ISAF Addendum Q (if
approved pursuant to NOR 1.1).
(b) RRS 41 will be amended to permit communications to and from the
Umpires (to be appointed if Addendum Q is to be used) and Race
Committee to the competing boats via equipment to be provided by
the Race Committee, the use of GPS devices, low power onboard
communication systems, use of onboard laser, radar and other
detection equipment operated solely from onboard, the operation of
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onboard event broadcast equipment. RRS 41(c) and RRS 41 (d)
will be deleted.
(c) RRS 47.2 will be replaced with:
“A person leaving the boat accidentally may be returned to the boat
without penalty”
(d) RRS 49 to RRS 54 (inclusive) are deleted. For the avoidance of
doubt anything that may have been prohibited by such rules is
permitted.
(e) RRS 62.1 will be altered by adding:
“(e) an illegal or accidental action by a third party that causes
serious damage to a yacht “
(f) RRS 63.3(a) is modified to permit the parties to a hearing each to
have more than one representative who need not have been on
board at the time of the incident.
(g) RRS 78 shall be amended so that a reference to “class rules” in
RRS 78 shall be a reference to and compliance with the respective
measurement requirements specified in NOR 7.
(h) Pursuant to RRS 86.1(b) the Sailing Instructions will change to
“four” the number of boat lengths determining a zone around marks
for all marks and boats.
1.6 The changes to the RRS will appear in full in the Sailing Instructions. The
Sailing Instructions may also change other racing rules.
1.7 If there is a conflict between languages, the English text will take
precedence.
1.8 Attention is drawn to RRS 3 (Acceptance of the Rules) of Part 1
(Fundamental Rules), which provides that by participating in a race
conducted under ISAF RRS each competitor and boat owner agrees:
(a) to be governed by the rules, (as such word is defined in the RRS);
(b) to accept the penalties imposed and other action taken under the
rules, subject to the appeal as the final determination of any matter
arising under the rules; and
(c) with respect to any determination, not to resort to any court of law
or tribunal.
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2. ADVERTISING
ISAF Regulation 20 shall apply. ISAF has given its written agreement to
boats displaying advertising in accordance with ISAF Regulation 20.6.4.
Competing boats may be required to display advertising chosen and
supplied by the organizing authority in accordance with and as permitted
by ISAF Regulation 20 as follows:
(a) On the first 20% of the forward part of each side of each hull;
(b) The foremost 20% of each side of the mainsail boom (subject to
ISAF Regulation 20.9(b)(i)); and
(c) an event sponsors flag to be carried throughout the event including
when the boat is in harbour or shore.
3. ELIGIBILITY AND ENTRY
The regatta shall be open to the yacht “USA” as described and defined in
an undated certificate which accompanied the Notice of Challenge
delivered to Société Nautique de Genève (“SNG”) by Golden Gate Yacht
Club (“GGYC”) dated 11th July 2007 and in the Certificate of
Documentation provided to SNG as its Customs House Registry; and a
yacht or vessel which shall be nominated prior to the start of the first race,
representing SNG as the Defender. There shall be no other entries.
4. CLASSIFICATION
The ISAF sailor classification code shall not apply.
5. FEES
No entry fees are payable.
6. SCHEDULE
6.1 Registration
No competitor registration is required.
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6.2 Measurement and Inspection
Days and dates
(a) GYYC shall present the USA for measurement, and SNG shall
present for measurement at least one yacht it may select prior to
the first race, as reasonably required by the measurer between
February 1, 2010 to February 6, 2010 from 0900 to 1800hrs;
(b) The Measurer may extend such periods as reasonably required to
complete any measurement.
(c) A competitor may arrange an earlier measurement by mutual
agreement with the Measurer and the Organising Authority prior to
the above periods.
6.3 Dates of racing
Monday 8th
February 2010
First Race
Wednesday 10th
February 2010
Second Race
Friday 12th
February 2010 (if
required)
Third race (If required)
15th February 2010
to the 25th
February 2010∗
(inclusive)
Reserve Days
6.4 Additional Reserve Days
The Race Committee shall add at any time any number of additional
Reserve Days as may be necessary to determine a winner of the Match.
Unless mutually agreed by both competitors, at least one (1) working day
shall always intervene between each race.
∗ Subject to NOR 6.4
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6.5 Number of Races
There shall be a minimum of two (2) races and a maximum of three (3)
races. The first to win two races shall be declared the winner of the Match.
If a race is a dead heat, no boat finishes, both boats are disqualified, or
one boat fails to finish and the other is disqualified, the race shall be resailed.
6.6 Scheduled Warning Signal Time
As provided in RRS J1.1(5), the scheduled time of the warning signal for
each race is yet to be determined and is unknown at the time of issue of
this NOR, but will be specified in the Sailing Instructions. The warning
signal shall not be prior to 0800hrs or after 1630hrs (local time).
6.7 Wind and Wave Height Limits
To ensure the safety of competitors, officials and spectators, and taking
into account the length of the courses to be sailed and the nature of the
boats, RRS 27 and RRS 32 shall apply. It is anticipated that races shall be
sailed in winds having a windspeed of not more than 15 knots, and in
waves of not more than 1 metre in height.
7. MEASUREMENTS
7.1 The Organising Authority shall appoint an ISAF qualified international
measurer. The measurer may engage assistants to assist the measurer in
the taking of measurements and in administration.
7.2 The Measurer shall determine the following:
(a) Whether the boat representing SNG, has a length on load waterline
of between 44 feet and 90 feet if it has one mast, and 80 feet and
115 feet if it has more than one mast;
(b) Whether the boat representing the GGYC conforms to the
description and has dimensions specified in its Notice of Challenge
dated 11 July 2007 and its Certificate of Documentation provided to
SNG by GGYC as its “customs house registry” namely;
(i) it is the “USA”;
(ii) has a rig of a single mast and is sloop rigged;
(iii) a length on load waterline of 90 feet;
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(iv) a beam at load waterline of 90 feet;
(v) an extreme beam of 90 feet;
(vi) a draught of water (hull draught) of 3 feet; and
(vii) a draught of water (boards down) of 20 feet.
7.3 Measurement shall be undertaken as set in documents provided to GGYC
by SNG prior to the issue of this NOR but subject to any modification
made by order of the Supreme Court of the State of New York. Copies of
such documents are attached in Attachment 3 of this NOR.
7.4 If a boat does not conform to the respective requirements in NOR 7.2, the
Measurer shall in compliance with RRS 78.3 issue a report to the Race
Committee. The Race Committee shall protest the boat as required by
RRS 60.2.
7.5 (a) A boat’s crew shall provide all assistance as may be reasonably
requested by the measurer for any measurement or inspection.
(b) Should the measurer be unable to complete a boat’s measurement
prior to the dates mentioned herein due to causes beyond the
reasonable control of the boat, the International Jury, after
reviewing the circumstances, may grant additional time sufficient for
the measurement to be completed.
(c) In the event that the measurer is unable to obtain a measurement
which is considered accurate before a race, a remeasurement shall
be taken as soon as possible after the race, and a boat so
remeasured shall forfeit any race won while she failed to properly
measure and the race shall be awarded to the other boat.
(d) “Equipment” in RRS 47.1 shall not include movable and variable
water ballast
7.6 Post race inspections of a boat for compliance with NOR 7.2 above, may
be carried out by the measurer. In the event of such inspection nothing
shall be taken on board or removed form the boat without the express
permission of the Measurer. A substitution of dry for wet sails and a
reasonable time to dry the boat shall be permitted.
7.7 No alterations may be made to a boat after measurement, which may
materially alter its measured dimensions without being reported to the
Measurer who shall determine if the boat is to be remeasured or not. For
the avoidance of doubt the taking on or the discharge of water ballast by a
boat shall not be an alternation requiring reporting to the Measurer or
require remeasurement.
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8. SAILING INSTRUCTIONS
The Sailing Instructions will be available no later than after 1800 hours 8th
January 2010 and will be available at the office of the Race Committee to
be established at the venue.
9. VENUE
The marks of the races shall be within an area bounded by the coast and
the following coordinates:
(a) from the Port of Valencia, Valencia, Spain, northwards along the
coast to the point of intersection with Latitude 039° 52.0’ North;
(b) thence East along Latitude 039° 52.0’ North to the point of
intersection with Longitude 000° 27.5’ East;
(c) thence South along Longitude 000° 27.5’ East to the point of
intersection with Latitude 038° 58.0’ North;
(d) thence West along Latitude 038° 58.0’ North to the point of
intersection with the coast in the vicinity of Gandia; and.
(e) thence northwards along the coast, returning to the place of
beginning at the Port of Valencia, Valencia, Spain.
A Marine Traffic Corridor for the passage of commercial port traffic to and
from the Port of Valencia will be established by the maritime authorities.
The Marine Traffic Corridor will include transit channels, pilot boarding
areas, and marine anchorage areas for commercial traffic. Competitors
will be advised of the Marine Traffic Corridor location and regulations as
soon as these are promulgated.
When established, Competitors may transit the Marine Traffic Corridor
during their training not interfering with the commercial and pilot traffic and
complying with COLREGS, but are not to establish training courses within
the Corridor.
In addition, it may be necessary to temporarily restrict the use of certain
parts of the Race Area to allow for marine traffic involved in the expansion
of the harbor breakwater. Competitors will be notified when these
restrictions are to be in effect.
Attachment 4 shows the location of the racing area.
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10. THE COURSES
The courses to be sailed will be as follows:
(a) The first race: twenty (20) nautical miles to windward and return;
(b) The second race: an equilateral triangular race of thirty nine (39)
nautical miles, the first side of which shall be a beat to windward;
and
(c) The third race: (if required) twenty (20) nautical miles to windward
and return.
If a race is re-sailed, the course shall not alter.
11. SCORING
The winner of the 33rd America’s Cup Match shall be the first boat to win
two (2) races.
12. SUPPORT BOATS
Support boats of the competitors shall be clearly marked with the name of
the respective competitor. There will be restrictions on the number,
positioning, and movement of competitors support boats in the Sailing
Instructions.
13 BERTHING
Boats shall be kept in their assigned places in the Darsena or in the outer
Harbour of Valencia as notified in the Sailing Instructions.
14. RADIO COMMUNICATION
Except in an emergency, a boat shall not make any radio or any other
transmissions while racing, or receive any radio or other transmissions
except as permitted by RRS 41 as amended by the Sailing Instructions.
This restriction also applies to mobile telephones or any other form of
communication.
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15. PRIZES
The winner shall be presented with possession the America’s Cup to be
held in accordance with the terms of the Deed of Gift dated 24th October
1887. In the event GGYC win the Match, an Assignment and Acceptance
shall be executed by SNG and GGYC in the form required by the Deed of
Gift, prior to presentation.
16. DISCLAIMER OF LIABILITY
Competitors participate in the Match entirely at their own risk. See RRS 4
– “Decision to Race”. The organizing authority will not accept any liability
for material damage or personal injury or death sustained in conjunction
with or prior to, during, or after the regatta.
17. INTERNATIONAL JURY
17.1 There shall be an International Jury to be appointed as prescribed in the
ISAF Regulations and RRS 91.(b).
17.2 The functions of the International Jury shall be as set out in RRS Appendix
N.
17.3 The International Jury shall be entitled to resolve any dispute arising under
any of the documents referred to in NOR 1.1, at the request of a
competitor or the race committee.
17.4 The decisions and interpretations of the International Jury shall be final and
binding on the competitors in accordance with RRS 70.5, and there shall be
no appeal from the decisions of the International Jury. In accordance with
Fundamental Rule RRS 3 (c) no competitor shall resort to any court or other
tribunal.
18. UMPIRES
If Addendum Q is to be used, ISAF shall appoint ISAF qualified
international umpires.
19. ANTI-DOPING
The Match shall be subject to anti doping rules as may be notified by IASF
and advised in the Sailing Instructions.
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20. FURTHER INFORMATION
For further information please contact Mr. Fred Meyer, Chairman
America’s Cup Committee, Vice-Commodore SNG, at SNG Port Noir,
Cologny, Geneva, Telephone: +41 22 707 0500, email:
admin@nautique.org.
21. MEDIA RIGHTS
ISAF as the first owner of all the media rights in the Match pursuant to
ISAF Regulation 18.15.1 have licensed all such rights to the Organising
Authority. No competitor shall directly or indirectly limit the media rights of
the organising authority in any manner or by any means.
22. DATE OF ISSUE
This NOR is dated and issued the 10th day of November 2009.

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