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

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]

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