[Federal Register Volume 62, Number 80 (Friday, April 25, 1997)]
[Rules and Regulations]
[Pages 20102-20103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10734]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-97-011]
RIN 2115-AA97


Safety Zone; Potomac River, Point Lookout to Hull Neck

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone across 
the mouth of the Potomac River. The safety zone is more specifically 
defined as that portion of the Potomac River included within a boundary

[[Page 20103]]

beginning at Cornfield Harbor dayboard Number 1, thence southwest to 
the entrance to Hull Creek; thence east southeast along the shoreline 
to the entrance to Cubitt Creek; thence northeast to Point Lookout 
Lighthouse; thence northwest to Cornfield Harbor dayboard Number 1. The 
safety zone is needed to protect swimmers participating in the Potomac 
River Swim from vessel traffic and its wake. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port.

DATES: This temporary regulation is effective from 6 a.m. to 3 p.m. on 
May 31, 1997.

FOR FURTHER INFORMATION CONTACT: Lieutenant James Driscoll, Marine 
Event Coordinator, Activities Baltimore, 2401 Hawkins Point Rd., 
Baltimore, Maryland, 21226-1791, telephone number (410) 576-2676.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking was not published for this regulation and good 
cause exists for making it effective in less than 30 days after Federal 
Register publication. Publication of a notice of proposed rulemaking 
and delay of effective date would be contrary to the public interest 
because immediate action is necessary to control anticipated spectator 
craft and to provide for the safety of life and property on navigable 
waters during the event.

Discussion of the Regulation

    The Potomac River Swim Inc. submitted an application to hold The 
Potomac River Swim on May 31, 1997. During past events, Coast Guard 
patrol boats were provided to protect swimmers and escort vessels. 
Wind, wave and weather conditions permitting, the swimming event will 
begin at Hull Neck at 8:30 a.m., and will finish at the Point Lookout 
State Park Beach. The last swimmer is expected to complete the crossing 
by 3 p.m. Approximately fifteen swimmers will participate in the event. 
Each swimmer will be escorted by a kayak and a small motorized boat. 
Entry into this zone is prohibited unless authorized by the Captain of 
the Port.

Regulatory Evaluation

    This temporary 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 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 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.

Collection of Information

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

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
temporary rule and concluded that, under paragraph 2.B.2 of Commandant 
Instruction M16475.1B (as revised by 59 FR 38654; July 29, 1994), this 
rule is categorically excluded from further environmental 
documentation.

List of Subjects in 33 CFR Part 165

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

Regulation

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR Part 165 as follows:
    1. The authority citation for part 165 continues to read as 
follows:

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

    2. A new temporary section, 165.T05-97-011, is added to read as 
follows:


Sec. 165.T05-97-011  Safety Zone; Potomac River, Point Lookout, MD to 
Hull Neck, VA.

    (a) Location. The following area is a safety zone: that portion of 
the Potomac River included within a boundary beginning at Cornfield 
Harbor dayboard Number 1, thence southwest to the entrance to Hull 
Creek; thence east southeast along the shoreline to the entrance to 
Cubitt Creek; thence northeast to Point Lookout Lighthouse; thence 
northwest to Cornfield Harbor dayboard Number 1.
    (b) Effective Date. This section becomes effective at 6 a.m. and 
terminates at 3 p.m. on May 31, 1997.
    (c) Captain of the Port means the Commanding Officer of Coast Guard 
Activities Baltimore, or any commissioned, warrant, or petty officer 
authorized by the Captain of the Port to act on his behalf.
    (d) Regulations.
    (1) In accordance with the general regulations in Sec. 165.23 of 
this part, entry into this zone is prohibited except as authorized by 
the Captain of the Port.
    (2) The Captain of the Port will notify the public of changes in 
the status of this zone by Marine Safety Radio Broadcast on VHF Marine 
Band radio Channel 22 (157.1 MHz).

    Dated: 14 March 1997.
G.S. Cope,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 97-10734 Filed 4-24-97; 8:45 am]
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