America's Cup- Challenger Commission Meets

by Challengercommission.com on 21 Dec 2005 The Challenger Commission for the 32nd America's Cup ('CC') met at the call of the Chairman, George Clyde (K-Challenge) at the Golden Gate Yacht Club, San Francisco, on 12-13 December. Representatives from ten of the eleven Challengers were present:

+ BMW ORACLE Racing (USA) -- Russell Green, Tom Ehman and Melinda Erkelens
+ China Team (CHN) -- Jean-Charles Scale
+ Desafio Espanol (ESP) -- John Cutler and Matt Wachowicz
+ Emirates Team NZ (NZL) -- Jim Farmer
+ K-Challenge (FRA) -- George Clyde and Dawn Riley
+ Luna Rossa (ITA) -- Bruno Finzi and Luis Saenz
+ Mascalzone Latino Capitalia Team (ITA) -- Alessandra Pandarese
+ Piu 39 (ITA) -- Paul Henderson and Tom Webster
+ Team Shosholoza (RSA) -- John Sweeney
+ United Internet Team Germany (GER) -- Wolf Dietz

Apologies were received from Victory Challenge (SWE). Also present were CC Assistant Michael ten Bokum and, at the invitation of the CC, ACM Regatta Director Dyer Jones. The CC expressed their appreciation to ACM and Commodore Jones for his attendance, and the excellent work of his team in 2005.

The CC also expressed its appreciation to the Golden Gate Yacht Club (Challenger of Record) for hosting the meetings, and to Oracle Corp. for logistical support and hosting a dinner for the Challenger Representatives and guests on Sunday evening.

Main decisions and points of discussion:

Sliding Keels and Centerboards – Alinghi and all but one of the Challengers have now signed the so-called 'Malmo Declaration.' The Challenger of Record's paperwork is in progress. The declaration states that, for the avoidance of doubt, all Competitors agree that the provision in the Deed of Gift allowing centerboards and sliding keels on yachts has been modified by mutual consent, and that the Class Rule (which has also been agreed by mutual consent) does, once again, effectively ban the use of centerboards and sliding keels for the 32nd America's Cup.

Relaxation of the Advertising Rule - The CC expressed its support for a proposal, originally from Alinghi, to amend the Protocol to permit advertising on the mast, spinnaker pole, jockey pole, aerial frame and, on a limited basis, in the cockpit. The Challenger of Record was asked to take the matter up with Alinghi and ACM to see if such an amendment could be agreed and adopted.

Television and Promotion - It was unanimously resolved to write ACM about the CC's continuing concerns regarding television and promotion, and to authorize the CC's TV task force to meet urgently with ACM to progress the matter.

Jury/Chief Umpire - Bryan Willis asked that he not continue to serve as both Jury Chairman and Chief Umpire, citing the need for a total separation of the Jury function from the race officials. The CC expressed their appreciation to Bryan for his outstanding efforts to date, and for his continuing service to the Cup as Jury Chairman. In accordance with the Protocol the Regatta Director proposed the name of a new Chief Umpire, which requires the approval of the Defender and the CC. The Defender has approved the Regatta Director's recommendation, and the CC resolved unanimously to support it as well. The new appointment will be announced by ACM in due course.

Sail Limits – The proposal approved at the CC meeting in Malmo (and confirmed at the Trapani meeting) has not been supported by the Defender. The CC previously proposed that sail limits be enacted again for 2006 as follows:

+ 26 new 'sail cards,' and each team would also be permitted to use 22 of the 26 sails 'carded' in 2005;

+ older sails (built in 2004 and before) could not be used unless carded in and carried over from 2005, or as one of the 26 new sails carded in 2006; and

+ only sails carded before the end of Act 9 in Trapani would qualify as sails carded in 2005.

For the Fleet Racing Regatta in 2007 it was agreed that 16 new sails could be carded, and a team could use any of the 26 sails carded in 2006 plus any of the 22 carded sails carried over from 2005 to 2006.

The CC reiterated its support for the foregoing, and asked the Regatta Director to adopt the CC's view when issuing the NOR for the 2006 Acts and Act 13 (Fleet Racing Regatta) in 2007.

Minimum Number of Races to Constitute a Fleet Race Act – The CC confirmed its support for the NOR amendment which had been issued for LV Act 9 (the Trapani fleet-race regatta) that stated a minimum of three races must be completed for that regatta to be counted for the purposes of the Valencia Plan (Challenger Selection Series scoring). The CC asked that the same rule apply for Act 11 (the fleet race regatta at Valencia in May 2006). Similarly, the CC agreed that, for Act 13 (the Fleet Race Regatta in April 2007), that a minimum of four races would need to be completed for that Act to be counted for the Valencia Plan. It was recognized that for other purposes (Act prizes and the ACC annual championship) completion of a single race would be sufficient for scoring either of the remaining fleet racing Acts.

Shortening of Courses - The Regatta Director asked CC's view on whether the race committee should, in the case of dying wind, be able to shorten courses in the remaining match racing, the CSS, and the AC Match by reducing the length of the last leg. A large majority of the CC said, no, that once the leg length had been established by posting prior to the start of a match, the leg length should be maintained for the entire match.

Bruno's Buoy - The Regatta Director reported that the Race Committee does not intend to use a large buoy with cameramen on board in Acts 10-12, due to anchoring and other technical problems. Consideration is being given to using mark boats, which could achieve the same purpose as Bruno's Buoy and, arguably, more effectively. It was noted that mark boats were used in the America's Cup as late as 1964.

Purple Flag During Fleet Racing - Under the rules for the previous Acts, a mast-head headsail could be used on an 'upwind' leg only if the umpires signaled with a purple flag that the wind had shifted such that the leg was no longer a beat. However, this could cause problems for umpires and teams during the fleet racing, where yachts may be widely separated and in very different wind conditions. The CC considered a proposal to eliminate the purple flag for fleet racing in favour of a rule that would allow each yacht to determine whether their local wind was abaft of abeam. If so, that yacht could decide on its own to use a mast-head headsail on an upwind leg. Non-compliance would be subject to post-race protest by other teams or the umpires. Teams are to be consulted regarding the proposal.

Pumping - The Regatta Director asked for the CC's view on whether the relaxation of the 'pumping' rule adopted for the Trapani Acts should be continued in 2006 and beyond. The rule adopted for Trapani, at the suggestion of Alinghi and the Chief Umpire, permitted pumping on downwind legs. The CC was split five votes in favor, five against. Generally, those in favor of continuing the relaxation cited concern about different umpires 'calling' pumping differently; those opposed thought it would be better to give guidance to the umpires rather than amend the racing rules. In drafting the 2006 Notices of Race, the Regatta Director will take the various views under advisement, along with those of Alinghi, and asked the CC Reps to reconsider the matter with their teams in the meantime in an effort to reach a consensus.

Substitution of Yachts between Acts 10 & 11 - Substitution had not been permitted within the 2005 'double-acts,' but it was the CC's unanimous view that for 2006, with the regattas all in Valencia, a Competitor should be able to substitute yachts between Acts 10 and 11 (a 'double-act') if they wish, as well as between Acts 11 and 12.

NOR/SI for the CSS - The CC's NOR/SI task force reported much progress toward the goal, agreed by the CC at its Malmo meeting, of having the Notice of Race