[Federal Register Volume 59, Number 148 (Wednesday, August 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18839]


[[Page Unknown]]

[Federal Register: August 3, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Baltimore 94-024]
RIN 2115-AA97

 

Safety Zone Regulation; Kent Narrows Hydroplane Races, Kirwan 
Creek, Hog Island, MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: Coast Guard Marine Safety Office Baltimore is establishing a 
safety zone for the Kent Narrows Hydroplane Races. This safety zone is 
necessary to control spectator craft and to provide for the safety of 
life and property on U.S. navigable waters during the event. Entry into 
this zone is prohibited unless authorized by the Captain of the Port.

EFFECTIVE DATES: This regulation will be effective from 12 p.m. until 6 
p.m. on August 6, 1994 and again on August 7, 1994 encompassing the 
same times.

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: In accordance with 5 U.S.C. 553, a Notice of 
Proposed Rule Making has not been published for this regulation and 
good cause exists for making it effective in less than 30 days from the 
date of publication. The application to hold this event was not 
submitted until June 1, 1994 to Coast Guard Group Baltimore and there 
was not sufficient time remaining to publish proposed rules in advance 
of the event or to provide for a delayed effective date.

Background and Purpose

    The Kent Narrows Racing Association filed an application with Coast 
Guard Group Baltimore requesting Coast Guard assistance to control 
spectator craft during the Kent Narrows Hydroplane Races. Due to the 
possible hazards associated with this event, the Coast Guard has 
determined that a safety zone is necessary to ensure the safety of 
spectators and participants.

Discussion of Regulations

    The Coast Guard Marine Safety Office Baltimore is establishing a 
safety zone on Kirwan Creek just off of Hog Island for the Kent Narrows 
Hydroplane Races. The Kent Narrows Hydroplane Races will feature groups 
of high performance hydroplane's racing around a set course near the 
mouth of Kirwan Creek at speeds in excess of 130 miles per hour. This 
safety zone will encompass all waters of Kirwan Creek that lie 200 
yards on all sides of a line that connects the following points: 38 
degrees 57 minutes 56 seconds north, 076 degrees 14 minutes 58 seconds 
west to 38 degrees 57 minutes 36 seconds north, 076 degrees 15 minutes 
24 seconds west.
    Since the mouth of Kirwan Creek will not be completely closed down 
during this event, vessel traffic should not be severely disrupted.
    Spectator vessels that wish to watch the race may anchor outside of 
the safety zone, but they may not anchor in or block a navigable 
channel.

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 Commander Christoper A. Abel, project attorney, 
Fifth Coast Guard District Legal Staff.

Regulatory Evaluation

    This 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 regulatory policies and procedures of DOT is unnecessary.

Small Entities

    Do to the location of this safety zone the Coast Guard 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 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.T05-067 is added to read as 
follows:


Sec. 165.T05-067  Safety Zone: Kent Narrows Hydroplane Races, Kirwan 
Creek, Hog Island, MD.

    (a) Location. The following area is a safety zone: All waters of 
Kirwan Creek that lie 200 yards either side of a line that connects the 
following points:

Latitude                             Longitude                          
                                                                        
38 deg.57'56'' N.                    076 deg.14'58'' W.,                
                                thence to                               
38 deg.57'36'' N.                    076 deg.15'24'' W.                 
                                                                        

    (b) Definitions. The designated representative of the Captain of 
the Port means 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 13 and 16.
    (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 date. This section is effective from 12 p.m. until 6 
p.m. on August 6, 1994 and again on August 7, 1994 encompassing the 
same times.

    Dated: July 26, 1994.
G.S. Cope,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 94-18839 Filed 8-2-94; 8:45 am]
BILLING CODE 4910-14-M