[Federal Register Volume 59, Number 234 (Wednesday, December 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30056]


[[Page Unknown]]

[Federal Register: December 7, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Baltimore 94-031]
RIN 2115-AA97

 

Safety Zone Regulation; Inner Harbor Fireworks Display, Patapsco 
River, Inner Harbor, Baltimore, MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: With this regulation, the Coast Guard Marine Safety Office 
Baltimore is establishing two temporary safety zones for the New Years 
Eve Inner Harbor fireworks display. These safety zones are necessary to 
control spectator craft and to provide for the safety of life and 
property on U.S. navigable waters during this event. Entry into these 
zones is prohibited unless authorized by the Captain of the Port.

EFFECTIVE DATES: This regulation will be effective from 11 p.m. 
December 31, 1994 until 1 a.m. January 1, 1995 with an alternate date 
of January 1, 1995 from 6 p.m. to 8 p.m.

FOR FURTHER INFORMATION CONTACT:
Chief Warrant Officer Eugene Zimbalkin, U.S. Coast Guard Marine Safety 
Office, Baltimore Custom House, 40 South Gay Street, Baltimore, 
Maryland 21202-4022, (410) 962-5118.

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 original application to hold this event was 
not submitted until October 25, 1994 to Coast Guard Group Baltimore. 
Because of the late original submission date and the additional changes 
there was not sufficient time remaining to publish proposed rules in 
advance of the event or to provide for a delayed effective date. 
Publishing an NPRM and delaying its effective date would be contrary to 
the public interest since immediate action is needed to prevent hazards 
to the boating community.

Background and Purpose

    The Baltimore Office of Promotion requested a safety zone for the 
Baltimore Inner Harbor fireworks display to take place December 31, 
1994/January 1, 1995 with an alternate date of January 1, 1995. Because 
of the way the fireworks display will be set up, the Coast Guard Marine 
Safety Office Baltimore has determined that two separate safety zones 
will be necessary to protect the public and control spectator craft 
during this event.

Discussion of Regulations

    The Coast Guard Marine Safety Office Baltimore is establishing 
safety zones around two fireworks barges that will be anchored in the 
Inner Harbor, Baltimore, Maryland. One barge (Barge A) will be anchored 
in the middle of the Inner Harbor Basin, 250 yards off of the west sea 
wall and the second barge (Barge B) will be anchored approximately 400 
yards west of the West Channel Turning Basin.
    Safety Zone (A) will be around barge A and will encompass all 
waters of the Inner Harbor that lie within a circle with a radius of 
200 feet, with the center of the circle being the fireworks barge A. 
Safety Zone (B) will be around barge B, and will encompass all waters 
of the Inner Harbor that lie within a circle with a radius of 840 feet, 
with the center of the circle being fireworks barge B.
    Spectators that wish to watch the fireworks display aboard their 
vessels may anchor outside of the safety zones, but they may not anchor 
in or block a navigable channel. Patrol craft will be on hand to assist 
the boating public and ensure safety of life and property during the 
event.
    Since the Inner Harbor will not be closed for an extended period 
during these safety zones, vessel traffic should not be severely 
disrupted.

Drafting Information

    The drafters of this regulation are Chief Warrant Officer Eugene 
Zimbalkin, project officer for the Captain of the Port, Baltimore, 
Maryland and Lt. Kathleen A. Duignan, 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

    This regulation will only be in effect for two hours, therefore, 
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.T05-097 is added to read as 
follows:


Sec. 165.T05-097  Safety Zone: Inner Harbor Fireworks Display, Patapsco 
River, Inner Harbor, Baltimore, MD.

    (a) Location. The following areas are safety zones:
    (1) Safety Zone (A) will encompass all waters of the Inner Harbor, 
Patapsco River which lie within a circle with a radius of 200 feet, 
with the center of the circle being a fireworks barge (Barge A) located 
at approximately:


Latitude                             Longitude                          
                                                                        
39 deg.17'03'' N.                    76 deg.36'33'' W.                  
                                                                        


    (2) Safety Zone (B) will encompass all waters of the Inner Harbor, 
Patapsco River which lie within a circle with a radius of 840 feet, 
with the center of the circle being a fireworks barge (Barge B) located 
at approximately:


Latitude                             Longitude                          
                                                                        
39 deg.16'37'' N.                    76 deg.35'53'' 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 zones can be contacted on VHF-FM channels 13 and 16.
    (d) Regulations.
    (1) In accordance with general regulations in Sec. 165.23 of this 
part, entry into safety zones A and B 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 
safety zones A and B 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 becomes effective from 11 p.m. 
December 31, 1994 until 1 a.m. January 1, 1995 with an alternate date 
of January 1, 1995 from 6 p.m. to 8 p.m. unless terminated sooner by 
the Captain of the Port, Baltimore, Maryland.

    Dated: November 29, 1994.
G.S. Cope,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 94-30056 Filed 12-6-94; 8:45 am]
BILLING CODE 4910-14-M