[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]
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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.
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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
