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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR 165

[COTP Baltimore 94-003]

Safety Zone Regulation: Hammerman Area of Gunpowder Falls State

Park, Baltimore County, MD

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard Marine Safety Office Baltimore is considering

a proposal to establish 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. The 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.

DATES: Comments must be received on or before May 13, 1994.

ADDRESSES: Comments should be mailed to U.S. Coast Guard Marine Safety

Office Baltimore, Custom House, 40 South Gay Street, Baltimore,

Maryland 21202-4022. Comments and other materials referenced in this

notice will be available for inspection and copying at the above

address in room 343. Normal office hours are between 7:30 a.m. and 4

p.m., Monday through Friday, except holidays. Comments may also be hand

delivered to the above address.

FOR FURTHER INFORMATION CONTACT:

Chief Warrant Officer Timothy P. Ryan, (410) 962-2651.

SUPPLEMENTARY INFORMATION:

Request for Comments

Interested persons are invited to participate in this rulemaking by

submitting written views, data and arguments. Persons submitting

comments should include their names and addresses, identify this notice

(COTP Baltimore 94-003) and the specific section of the proposal to

which their comments apply, as well as give reasons for each comment.

All comments received before the expiration of the comment period will

be considered before final action is taken on this proposal. The

proposed regulation may be changed in light of comments received. No

public hearing is planned, but one may be held if written requests for

a hearing are received and it is determined that the opportunity to

make oral presentations will aid the rulemaking process.

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 event.

Discussion of Regulations

This regulation is necessary to ensure the safety of spectator

craft, recreational vessels as well as 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 Falls 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 rule is not major under Executive Order 12291 and not

significant under the Department of Transportation Regulatory Policies

and Procedures (44 FR 11034; February 26, 1979). The Coast Guard

expects the economic impact of this rule to be so minimal that a

Regulatory Evaluation is unnecessary.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

U.S. Coast Guard must consider the economic impact on small entities of

a rule for which a general notice of proposed rulemaking is required.

``Small entities'' include independently owned and operated small

businesses that are not dominant in their field and that otherwise

qualify as ``small business concerns'' under section 3 of the Small

Business Act (15 U.S.C. 632).

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.

If, however, you think that your business qualifies as a small entity

and that this rule will have a significant economic impact on your

business, please submit a comment (See addresses) explaining why you

think your business qualifies and in what way and to what degree this

rule will economically affect your business.

Collection of Information

This rule contains no collection of information requirements under

the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

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), Records and

recordkeeping requirements, Security measures, Vessels, Waterways.

Proposed 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- (g),

6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

2. In part 165 a temporary 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 (2.a.) of these regulations, 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 area description and time frame; unless sooner

terminated by the Captain of the Port, Baltimore, Maryland.

Dated: April 1, 1994.

G.S. Cope,

Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.

[FR Doc. 94-8836 Filed 4-12-94; 8:45 am]

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