[Federal Register Volume 59, Number 106 (Friday, June 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13544]


[[Page Unknown]]

[Federal Register: June 3, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Baltimore 94-003]
RIN 2115-AA97

 

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

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard Marine Safety Office Baltimore is establishing 
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. This 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.

EFFECTIVE DATES: This regulation will be effective from 7 a.m. June 18, 
1994 to 1 p.m. June 18, 1994 with an alternate date of June 19, 1994, 
encompassing the same time frame.

FOR FURTHER INFORMATION CONTACT:
Chief Warrant Officer Timothy P. Ryan, U.S. Coast Guard Marine Safety 
Office Baltimore, Custom House, 40 South Gay Street, Baltimore, 
Maryland 21202-4022, (410) 962-2651.

SUPPLEMENTARY INFORMATION: On April 13, 1994 a notice of proposed 
rulemaking was published in the Federal Register (59 FR 17507) 
requesting comments on this event. As of May 13, 1994, which was the 
closure of the comment period, no comments were received. Since the 
Coast Guard wanted to provide the public the opportunity to make 
comments, insufficient time was left to provide for an effective date 
30 days after publication, therefore this regulation will become 
effective in less than 30 days from the date of publication.

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 portion of the 
event.

Discussion of Regulations

    This regulation is necessary to ensure the safety of spectator 
craft, recreational vessels as well as the 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 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 temporary final rule 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 rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the

Small Entities

    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.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
proposal consistent with Section 2.B.2.C. of Commandant Instruction 
M16475.1B, and actions to protect public safety have been determined to 
be categorically excluded from further environmental documentation.

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), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Regulation

    In consideration of the foregoing, subpart F of Part 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 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. In part 165 a temporary section 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 (a) of this section, 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 time frame; unless sooner terminated by the 
Captain of the Port, Baltimore, Maryland.

    Dated: May 24, 1994.
G.S. Cope,
Captain, U.S. Coast Guard Captain of the Port Baltimore, Maryland.
[FR Doc. 94-13544 Filed 6-2-94; 8:45 am]
BILLING CODE 4910-14-M