[Federal Register Volume 59, Number 71 (Wednesday, April 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8836]


[[Page Unknown]]

[Federal Register: April 13, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR 165

[COTP Baltimore 94-003]

 

Safety Zone Regulation: Hammerman Area of Gunpowder Falls State 
Park, Baltimore County, MD

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard Marine Safety Office Baltimore is considering 
a proposal to establish a safety zone for the purpose of the third 
annual Maryland ``Swim For Life'', at the request of the Maryland 
``Swim For Life'' Committee of Baltimore, Maryland. The ``Swim For 
Life'' event will consist of a two and a one half mile swim to be held 
at the Hammerman area of Gunpowder Falls State Park, Gunpowder River, 
Maryland. The Swim will start at Hammerman area beach number five, to 
the Maxwell Point buoy, thence to Oliver Point buoy and thence to 
Hammerman area beach numbers one and two. The safety zone is necessary 
to control small craft and recreational vessel traffic, and to provide 
for the safety of life and property on U.S. navigable waters from the 
hazards associated with this swimming event. Entry into this zone is 
prohibited unless authorized by the Captain of the Port.

DATES: Comments must be received on or before May 13, 1994.

ADDRESSES: Comments should be mailed to U.S. Coast Guard Marine Safety 
Office Baltimore, Custom House, 40 South Gay Street, Baltimore, 
Maryland 21202-4022. Comments and other materials referenced in this 
notice will be available for inspection and copying at the above 
address in room 343. Normal office hours are between 7:30 a.m. and 4 
p.m., Monday through Friday, except holidays. Comments may also be hand 
delivered to the above address.

FOR FURTHER INFORMATION CONTACT:
Chief Warrant Officer Timothy P. Ryan, (410) 962-2651.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Interested persons are invited to participate in this rulemaking by 
submitting written views, data and arguments. Persons submitting 
comments should include their names and addresses, identify this notice 
(COTP Baltimore 94-003) and the specific section of the proposal to 
which their comments apply, as well as give reasons for each comment. 
All comments received before the expiration of the comment period will 
be considered before final action is taken on this proposal. The 
proposed regulation may be changed in light of comments received. No 
public hearing is planned, but one may be held if written requests for 
a hearing are received and it is determined that the opportunity to 
make oral presentations will aid the rulemaking process.

Background and Purpose

    In November, 1993, an application was received by U.S. Coast Guard 
Group Baltimore from the Maryland Swim For Life Committee, requesting a 
safety zone for the ``Swim For Life'' event. This event is to be held 
in the Hammerman area of Gunpowder Falls State Park, Gunpowder River, 
Maryland, on June 18, 1994. As part of their application, the ``Swim 
For Life'' Committee requested the Coast Guard provide control of 
spectator and commercial traffic during the swimming event.

Discussion of Regulations

    This regulation is necessary to ensure the safety of spectator 
craft, recreational vessels as well as swimmers participating in the 
event, and to provide for the safety of life and property on U.S. 
navigable waters during the event. Since the Gunpowder Falls river will 
not be closed for an extended period, vessel traffic should not be 
severely disrupted.
    This regulation is issued pursuant to 33 U.S.C. 1231 as set out in 
the authority citation for all of part 165.

Drafting Information

    The drafters of this regulation are Chief Warrant Officer Timothy 
P. Ryan, project officer for the Captain of the Port, Baltimore, 
Maryland and Lieutenant Monica Lombardi, project attorney, Fifth Coast 
Guard District Legal Staff.

Regulatory Evaluation

    This rule is not major under Executive Order 12291 and not 
significant under the Department of Transportation Regulatory Policies 
and Procedures (44 FR 11034; February 26, 1979). The Coast Guard 
expects the economic impact of this rule to be so minimal that a 
Regulatory Evaluation is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
U.S. Coast Guard must consider the economic impact on small entities of 
a rule for which a general notice of proposed rulemaking is required. 
``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).
    Because it expects the impact of this rule to be minimal, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant economic impact on a substantial number of small entities. 
If, however, you think that your business qualifies as a small entity 
and that this rule will have a significant economic impact on your 
business, please submit a comment (See addresses) explaining why you 
think your business qualifies and in what way and to what degree this 
rule will economically affect your business.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism Assessment

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this rule will not have sufficient federalism implications to 
warrant preparation of a Federalism Assessment.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Records and 
recordkeeping requirements, Security measures, Vessels, Waterways.

Proposed Regulation

    In consideration of the foregoing, subpart F of 165 of title 33, 
Code of Federal Regulations is amended as follows:

PART 165--[AMENDED]

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231: 50 U.S.C. 191; 33 CFR 1.05- (g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. In part 165 a temporary 165.T05-019 is added to read as follows:


Sec. 165.T05-019  Safety Zone: Hammerman Area of the Gunpowder Falls 
State Park, Gunpowder State Park, Maryland.

    (a) Location. The following area is a safety zone: All waters 500 
yards either side of a line connecting the following points beginning 
at

                                                                        
     Latitude                             Longitude                     
                                                                        
39 deg. 21.8' N.    76 deg. 20.4' W., thence to                         
39 deg. 21.6' N.    76 deg. 19.9' W., thence to                         
39 deg. 22.6' N.    76 deg. 20.2' W., thence to                         
39 deg. 21.8' N.    76 deg. 20.4' W.                                    
                                                                        

    (b) Definitions. The designated representative of the Captain of 
the Port is any Coast Guard commissioned, warrant or petty officer who 
has been authorized by the Captain of the Port, Baltimore, Maryland to 
act on his behalf.
    (c) General information. The Captain of the Port and the Duty 
Officer at the Marine Safety Office, Baltimore, Maryland can be 
contacted at telephone number (410) 962-5100. The Coast Guard Patrol 
Commander and the senior boarding officer on each vessel enforcing the 
safety zone can be contacted on VHF-FM channels 16 and 13.
    (d) Regulations. (1) Entry into this safety zone is prohibited 
unless authorized by the Captain of the Port or his designated 
representative.
    (2) The operator of any vessel which enters into or operates in 
this safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant, or petty 
officer on board a vessel displaying a Coast Guard Ensign.
    (3) Any spectator vessel may anchor outside of the regulated area 
specified in paragraph (2.a.) of these regulations, but may not block a 
navigable channel.
    (e) Effective Dates. This section is effective from 7 a.m. June 18, 
1994, to 1 p.m. June 18, 1994; the alternate day will be June 19, 1994, 
encompassing the same area description and time frame; unless sooner 
terminated by the Captain of the Port, Baltimore, Maryland.

    Dated: April 1, 1994.
G.S. Cope,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 94-8836 Filed 4-12-94; 8:45 am]
BILLING CODE 4910-14-M