Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 46361 

seviceastm.org; Web site: http:// 

www.astm.org. 

(1) ASTM F–2412–2005, Standard 

Test Methods for Foot Protection; IBR 

approved for § 1917.94(b)(1)(i). 

(2) ASTM F–2413–2005, Standard 

Specification for Performance 

Requirements for Protective Footwear; 

IBR approved for § 1917.94(b)(1)(i). 

Subpart J—[Amended] 

■ 24. Revise paragraph (a)(1) of 

§ 1918.101 to read as follows: 

§ 1918.101 Eye and face protection. 

(a) * * * 

(1)(i) Employers must ensure that 

each employee uses appropriate eye 

and/or face protection when the 

employee is exposed to an eye or face 

hazard, and that protective eye and face 

devices comply with any of the 

following consensus standards: 

(A) ANSI Z87.1–2003, ‘‘American 

National Standard Practice for 

Occupational and Educational Eye and 

Face Protection,’’ which is incorporated 

by reference in § 1918.3; 

(B) ANSI Z87.1–1989 (R1998), 

‘‘American National Standard Practice 

for Occupational and Educational Eye 

and Face Protection,’’ which is 

incorporated by reference in § 1918.3; or 

(C) ANSI Z87.1–1989, ‘‘American 

National Standard Practice for 

Occupational and Educational Eye and 

Face Protection,’’ which is incorporated 

by reference in § 1918.3. 

(ii) Protective eye and face protection 

devices that the employer demonstrates 

are at least as effective as protective eye 

and face protection devices that are 

constructed in accordance with one of 

the above consensus standards will be 

deemed to be in compliance with the 

requirements of this section. 

* * * * * 

■ 25. Revise paragraph (b) of § 1918.103 

to read as follows: 

§ 1918.103 Head protection. 

* * * * * 

(b)(1) The employer must ensure that 

head protection complies with any of 

the following consensus standards: 

(i) ANSI Z89.1–2003, ‘‘American 

National Standard for Industrial Head 

Protection,’’ which is incorporated by 

reference in § 1918.3; 

(ii) ANSI Z89.1–1997, ‘‘American 

National Standard for Industrial Head 

Protection,’’ which is incorporated by 

reference in § 1918.3; or 

(iii) ANSI Z89.1–1986, ‘‘American 

National Standard for Personnel 

Protection—Protective Headwear for 

Industrial Workers—Requirements,’’ 

which is incorporated by reference in 

§ 1918.3. 

(2) Head protection devices that the 

employer demonstrates are at least as 

effective as head protection devices that 

are constructed in accordance with one 

of the above consensus standards will 

be deemed to be in compliance with the 

requirements of this section. 

* * * * * 

■ 26. Revise paragraph (b) of § 1918.104 

to read as follows: 

§ 1918.104 Foot protection. 

* * * * * 

(b)(1) The employer must ensure that 

protective footwear complies with any 

of the following consensus standards: 

(i) ASTM F–2412–2005, ‘‘Standard 

Test Methods for Foot Protection,’’ and 

ASTM F–2413–2005, ‘‘Standard 

Specification for Performance 

Requirements for Protective Footwear,’’ 

which are incorporated by reference in 

§ 1918.3; 

(ii) ANSI Z41–1999, ‘‘American 

National Standard for Personal 

Protection—Protective Footwear,’’ 

which is incorporated by reference in 

§ 1918.3; or 

(iii) ANSI Z41–1991, ‘‘American 

National Standard for Personal 

Protection—Protective Footwear,’’ 

which is incorporated by reference in 

§ 1918.3. 

(2) Protective footwear that the 

employer demonstrates is at least as 

effective as protective footwear that is 

constructed in accordance with one of 

the above consensus standards will be 

deemed to be in compliance with the 

requirements of this section. 

[FR Doc. E9–21360 Filed 9–8–09; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

31 CFR Part 538 

Sudanese Sanctions Regulations 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Treasury’s Office of Foreign Assets 

Control (‘‘OFAC’’) is amending the 

Sudanese Sanctions Regulations by 

issuing a general license that authorizes 

the exportation and reexportation of 

agricultural commodities, medicine, and 

medical devices to the Specified Areas 

of Sudan, as well as the conduct of 

related transactions. The Specified 

Areas of Sudan are defined as Southern 

Sudan, Southern Kordofan/Nuba 

Mountains State, Blue Nile State, Abyei, 

Darfur, and marginalized areas in and 

around Khartoum. OFAC also is making 

conforming changes to the Sudanese 

Sanctions Regulations to reflect this 

authorization. 

DATES: Effective Date: September 9, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Assistant Director for Compliance, 

Outreach and Implementation, tel.: 202/ 

622–2490, Assistant Director for 

Licensing, tel.: 202/622–2480, Assistant 

Director for Policy, tel.: 202/622–4855, 

Office of Foreign Assets Control, or 

Chief Counsel (Foreign Assets Control), 

tel.: 202/622–2410, Office of the General 

Counsel, Department of the Treasury 

(not toll free numbers). 

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability 

This document and additional 

information concerning OFAC are 

available from OFAC’s Web site 

(http://www.treas.gov/ofac) or via 

facsimile through a 24-hour fax-ondemand service, tel.: 202/622–0077. 

Background 

The Sudanese Sanctions Regulations, 

31 CFR part 538 (the ‘‘SSR’’), were 

promulgated to implement Executive 

Order 13067 of November 3, 1997 (62 

FR 59989, November 5, 1997) (‘‘E.O. 

13067’’), in which the President 

declared a national emergency with 

respect to the policies and actions of the 

Government of Sudan. 

To deal with that emergency, E.O. 

13067 imposed comprehensive trade 

sanctions with respect to Sudan and 

blocked all property and interests in 

property of the Government of Sudan in 

the United States or within the 

possession or control of United States 

persons. 

Subsequently, on October 13, 2006, 

the President signed the Darfur Peace 

and Accountability Act of 2006 (Pub. L. 

109–344, 120 Stat. 1869) (‘‘DPAA’’) and 

issued Executive Order 13412 of 

October 13, 2006 (71 FR 61369, October 

17, 2006) (‘‘E.O. 13412’’). The DPAA 

and E.O. 13412, inter alia, exempt the 

Specified Areas of Sudan from certain 

prohibitions set forth in E.O. 13067, and 

define the term Specified Areas of 

Sudan to include Southern Sudan, 

Southern Kordofan/Nuba Mountains 

State, Blue Nile State, Abyei, Darfur, 

and marginalized areas in and around 

Khartoum. While E.O. 13412 exempted 

the Specified Areas of Sudan from 

certain prohibitions in E.O. 13067, it 

continued the country-wide blocking of 

the Government of Sudan’s property 

and interests in property and imposed a 

new country-wide prohibition on 


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46362 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 

transactions relating to Sudan’s 

petroleum or petrochemical industries. 

E.O. 13412 also removed the regional 

Government of Southern Sudan from 

the definition of the term Government of 

Sudan set forth in E.O. 13067. OFAC 

issued amendments to the SSR 

implementing E.O. 13412 on October 

31, 2007 (72 FR 61513, October 31, 

2007). 

OFAC today is further amending the 

SSR to resolve a tension between E.O. 

13412 and the DPAA on the one hand, 

and the Trade Sanctions Reform and 

Export Enhancement Act of 2000 (22 

U.S.C. 7201–7211) (‘‘TSRA’’) on the 

other. Pursuant to E.O. 13412 and the 

DPAA, most trade and related 

activities—other than trade with the 

Government of Sudan or relating to 

Sudan’s petroleum or petrochemical 

industries—are allowed with the 

Specified Areas of Sudan. These 

Specified Areas, however, remained 

subject to regulations promulgated 

pursuant to section 906(a)(1) of TSRA, 

which provides that the export of 

agricultural commodities, medicine, and 

medical devices to the government of a 

country that has been determined by the 

Secretary of State, under section 6(j) of 

the Export Administration Act of 1979, 

50 U.S.C. App. 2405(j) (the ‘‘EAA’’), to 

have repeatedly provided support for 

acts of international terrorism, or to any 

entity in such a country, shall be made 

pursuant to one-year licenses issued by 

the United States government. 

Because Sudan has been determined 

by the Secretary of State to be a country 

that has repeatedly provided support for 

acts of international terrorism pursuant 

to section 6(j) of the EAA, the entire 

country remained subject to TSRA’s 

licensing requirements under the SSR. 

The overlap of TSRA with E.O. 13412 

and the DPAA—as previously 

implemented in the SSR—resulted in 

the requirement that OFAC authorize 

the export of agricultural and medical 

items to the Specified Areas of Sudan, 

even though no OFAC authorization 

was required to export most other items 

to those areas. 

Therefore, in view of the underlying 

policy objectives and findings 

concerning the Specified Areas of 

Sudan that resulted in the elimination 

of most of the previous economic 

sanctions against these areas within 

Sudan, including export sanctions 

analogous to those covered by TSRA, 

OFAC has determined that specific 

licenses for TSRA-related transactions 

with respect to the Specified Areas of 

Sudan should no longer be required. 

Instead, OFAC is authorizing such 

transactions through a general license, 

set forth at SSR § 538.523(a)(2), 

provided that such transactions do not 

involve any property or interests in 

property of the Government of Sudan or 

relate to the petroleum or petrochemical 

industries in Sudan. In accordance with 

the requirements set forth in section 

906(a)(1) of TSRA, this general license 

covers exports shipped within the 

twelve-month period beginning on the 

date of the signing of the export 

contract. In addition, each year by the 

anniversary of its effective date on 

September 9, 2009, OFAC will 

determine whether to revoke the general 

license. Unless revoked, the general 

license will remain in effect. However, 

specific licenses for TSRA-related 

transactions with respect to the 

Government of Sudan, to any individual 

or entity in an area of Sudan other than 

the Specified Areas of Sudan, or to 

persons in third countries purchasing 

specifically for resale to the foregoing 

are still required. 

Existing prohibitions and safeguards 

satisfy TSRA’s requirement that 

procedures be in place to deny the 

general license for exports to entities 

within Sudan promoting international 

terrorism. For instance, the requirement 

that no U.S. person engage in any 

transaction with anyone on OFAC’s List 

of Specially Designated Nationals and 

Blocked Persons, including persons 

designated under the terrorism 

programs administered by OFAC, 

provides a mechanism for denying 

TSRA-related exports to certain entities 

within the Specified Areas of Sudan. In 

addition, if it deems necessary, OFAC 

may amend, modify, or revoke the new 

general license pursuant to § 501.803 of 

the Reporting, Procedures and Penalties 

Regulations, 31 CFR part 501 (the 

‘‘RPPR’’), which set forth standard 

reporting and recordkeeping 

requirements and license application 

and other procedures governing 

transactions regulated pursuant to other 

parts of 31 CFR chapter V. Section 

538.502 of the SSR similarly provides 

OFAC with the authority to exclude any 

person, property, or transaction from the 

operation of the general license or to 

restrict the applicability of the general 

license with respect to any persons, 

property, or transactions. Finally, the 

requirement that all U.S. persons 

maintain records of any transaction 

subject to OFAC-administered sanctions 

for a period of not less than five years 

pursuant to RPPR § 501.601, and 

OFAC’s authority to obtain these 

records pursuant to RPPR § 501.602, 

allow OFAC to monitor activities under 

the general license in order to determine 

whether it should exercise these 

authorities. 

Those transactions now authorized by 

the general license set forth at 

§ 538.523(a)(2) of the SSR include the 

sale, exportation, and reexportation of 

agricultural commodities, medicine, and 

medical devices, the financing of and 

payment for such sales, and the 

brokering of TSRA sales. However, the 

transshipment or transit of TSRArelated exports through areas of Sudan 

other than the Specified Areas of Sudan, 

and any related financial transactions 

that are routed through depository 

institutions located in an area of Sudan 

other than the Specified Areas, remain 

prohibited under §§ 538.417 and 

538.418 of the SSR. 

Public Participation 

Because the amendment of 31 CFR 

part 538 involves a foreign affairs 

function, the provisions of Executive 

Order 12866 and the Administrative 

Procedure Act (5 U.S.C. 553), requiring 

notice of proposed rulemaking, 

opportunity for public participation, 

and delay in effective date, are 

inapplicable. Because no notice of 

proposed rulemaking is required for this 

rule, the Regulatory Flexibility Act (5 

U.S.C. 601–612) does not apply. 

Paperwork Reduction Act 

The collections of information related 

to 31 CFR part 538 are contained in 31 

CFR part 501 (the ‘‘Reporting, 

Procedures and Penalties Regulations’’). 

Pursuant to the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3507), those 

collections of information have been 

approved by the Office of Management 

and Budget under control number 1505– 

0164. An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid control number. 

List of Subjects in 31 CFR Part 538 

Administrative practice and 

procedure, Banks, Banking, Blocking of 

assets, Exports, Foreign trade, 

Humanitarian aid, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Specially designated 

nationals, Sudan, Terrorism, 

Transportation. 

■ For the reasons set forth in the 

preamble, the Department of the 

Treasury’s Office of Foreign Assets 

Control amends 31 CFR part 538 as 

follows: 

PART 538—SUDANESE SANCTIONS 

REGULATIONS 

■ 1. Revise the authority citation for part 

538 to read as follows: 


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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 46363 

Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 

2332d; 31 U.S.C. 321(b); 50 U.S.C. 1601– 

1651, 1701–1706; Public Law 101–410, 104 

Stat. 890 (28 U.S.C. 2461 note); 22 U.S.C. 

7201–7211; Public Law 109–344, 120 Stat. 

1869; Public Law 110–96, 121 Stat. 1011; 

E.O. 13067, 62 FR 59989, 3 CFR, 1997 Comp., 

p. 230; E.O. 13412, 71 FR 61369, 3 CFR, 2006 

Comp., p. 244. 

Subpart B—Prohibitions 

■ 2. Revise the note to § 538.212(g)(2) to 

read as follows: 

§ 538.212 Exempt transactions. 

* * * * * 

(g) * * * 

(2) * * * 

Note to § 538.212(g)(2): See § 538.523(a)(2) 

for a general license authorizing the 

exportation and reexportation of agricultural 

commodities, medicine, and medical devices 

to the Specified Areas of Sudan, and the 

conduct of related transactions. 

Subpart D—Interpretations 

■ 3. Amend § 538.405 by revising 

paragraph (d) to read as follows: 

§ 538.405 Transactions incidental to a 

licensed transaction authorized. 

* * * * * 

(d) Financing of licensed sales for 

exportation or reexportation of 

agricultural commodities or products, 

medicine, or medical equipment to the 

Government of Sudan, to any individual 

or entity in an area of Sudan other than 

the Specified Areas of Sudan, or to 

persons in third countries purchasing 

specifically for resale to the foregoing. 

See § 538.525. 

Subpart E—Licenses, Authorizations, 

and Statements of Licensing Policy 

■ 4. Amend § 538.523 by redesignating 

paragraph (a), paragraph (b), and the 

introductory text to paragraph (c) to 

read as follows: 

§ 538.523 Commercial sales, exportation, 

and reexportation of agricultural 

commodities, medicine, and medical 

devices. 

(a)(1) One-year specific license 

requirement. The exportation or 

reexportation of agricultural 

commodities (including bulk 

agricultural commodities listed in 

appendix A to this part 538), medicine, 

or medical devices to the Government of 

Sudan, to any individual or entity in an 

area of Sudan other than the Specified 

Areas of Sudan, or to persons in third 

countries purchasing specifically for 

resale to the foregoing, shall only be 

made pursuant to a one-year specific 

license issued by the U.S. Department of 

the Treasury, Office of Foreign Assets 

Control, for contracts entered into 

during the one-year period of the license 

and shipped within the 12-month 

period beginning on the date of the 

signing of the contract. No specific 

license will be granted for the 

exportation or reexportation of 

agricultural commodities, medicine, or 

medical equipment to any entity or 

individual in Sudan promoting 

international terrorism, to any narcotics 

trafficking entity designated pursuant to 

Executive Order 12978 of October 21, 

1995 (60 FR 54579, October 24, 1995) or 

the Foreign Narcotics Kingpin 

Designation Act (21 U.S.C. 1901–1908), 

or to any foreign organization, group, or 

persons subject to any restriction for its 

involvement in weapons of mass 

destruction or missile proliferation. 

Executory contracts entered into 

pursuant to paragraph (b)(2) of this 

section prior to the issuance of the oneyear specific license described in this 

paragraph shall be deemed to have been 

signed on the date of issuance of that 

one-year specific license (and, therefore, 

the exporter is authorized to make 

shipments under that contract within 

the 12-month period beginning on the 

date of issuance of the one-year specific 

license). 

(2) General license for the Specified 

Areas of Sudan. The exportation or 

reexportation of agricultural 

commodities (including bulk 

agricultural commodities listed in 

appendix A to this part 538), medicine, 

and medical devices to the Specified 

Areas of Sudan and the conduct of 

related transactions, including, but not 

limited to, the making of shipping and 

cargo inspection arrangements, the 

obtaining of insurance, the arrangement 

of financing and payment, the entry into 

executory contracts, and the provision 

of brokerage services for such sales and 

exports or reexports, are hereby 

authorized, provided that such activities 

or transactions do not involve any 

property or interests in property of the 

Government of Sudan and do not relate 

to the petroleum or petrochemical 

industries in Sudan, and also provided 

that all such exports or reexports are 

shipped within the 12-month period 

beginning on the date of the signing of 

the contract for export or reexport. 

Note 1 to § 538.523(a)(2): Consistent with 

section 906(a)(1) of the Trade Sanctions 

Reform and Export Enhancement Act of 2000 

(22 U.S.C. 7205), each year by the 

anniversary of its effective date of September 

9, 2009, the Office of Foreign Assets Control 

will determine whether to revoke this general 

license. Unless revoked, the general license 

will remain in effect. 

Note 2 to § 538.523(a)(2): See §§ 538.417 

and 538.418 for additional requirements with 

respect to transshipments through, and 

financial transactions in, Sudan. 

(b) General license for arrangement of 

exportation or reexportation of covered 

products. (1) With respect to sales 

pursuant to § 538.523(a)(1), the making 

of shipping arrangements, cargo 

inspection, obtaining of insurance, and 

arrangement of financing (consistent 

with § 538.525) for the exportation or 

reexportation of agricultural 

commodities, medicine, or medical 

devices to the Government of Sudan, to 

any individual or entity in an area of 

Sudan other than the Specified Areas of 

Sudan, or to persons in third countries 

purchasing specifically for resale to the 

foregoing, are authorized. 

(2) If desired, entry into executory 

contracts (including executory pro 

forma invoices, agreements in principle, 

or executory offers capable of 

acceptance such as bids in response to 

public tenders) for the exportation or 

reexportation of agricultural 

commodities, medicine, and medical 

devices to the Government of Sudan, to 

any individual or entity in an area of 

Sudan other than the Specified Areas of 

Sudan, or to persons in third countries 

purchasing specifically for resale to the 

foregoing, is authorized, provided that 

performance of an executory contract is 

expressly made contingent upon the 

prior issuance of the one-year specific 

license described in paragraph (a)(1) of 

this section. 

(c) Instructions for obtaining one-year 

specific licenses. In order to obtain the 

one-year specific license described in 

paragraph (a)(1) of this section, the 

exporter must provide to the Office of 

Foreign Assets Control: 

* * * * * 

■ 5. Amend § 538.525 by revising 

paragraphs (a) introductory text and (b) 

to read as follows: 

§ 538.525 Payment for and financing of 

commercial sales of agricultural 

commodities, medicine, and medical 

equipment. 

(a) General license for payment terms. 

The following payment terms for sales, 

pursuant to § 538.523(a)(1), of 

agricultural commodities and products, 

medicine, and medical equipment to the 

Government of Sudan, to any individual 

or entity in an area of Sudan other than 

the Specified Areas, or to persons in 

third countries purchasing specifically 

for resale to the foregoing are 

authorized: 

* * * * * 

(b) Specific licenses for alternate 

payment terms. Specific licenses may be 

issued on a case-by-case basis for 


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46364 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 

payment terms and trade financing not 

authorized by the general license in 

paragraph (a) of this section for sales 

pursuant to § 538.523(a)(1). See 

§ 501.801(b) of this chapter for specific 

licensing procedures. 

* * * * * 

■ 6. Amend § 538.526 by revising 

paragraph (a), the introductory text of 

paragraph (b), and paragraph (b)(2) to 

read as follows: 

§ 538.526 Brokering sales of agricultural 

commodities, medicine, and medical 

devices. 

(a) General license for brokering sales 

by U.S. persons. United States persons 

are authorized to provide brokerage 

services on behalf of U.S. persons for 

the sale and exportation or 

reexportation by United States persons 

of agricultural commodities, medicine, 

and medical devices to the Government 

of Sudan, to any individual or entity in 

an area of Sudan other than the 

Specified Areas of Sudan, or to persons 

in third countries purchasing 

specifically for resale to the foregoing, 

provided that the sale and exportation 

or reexportation is authorized by a oneyear specific license issued pursuant to 

§ 538.523(a)(1). 

(b) Specific licensing for brokering 

sales by non-U.S. persons of bulk 

agricultural commodities. Specific 

licenses may be issued on a case-by-case 

basis to permit United States persons to 

provide brokerage services on behalf of 

non-United States, non-Sudanese 

persons for the sale and exportation or 

reexportation of bulk agricultural 

commodities to the Government of 

Sudan, to any individual or entity in an 

area of Sudan other than the Specified 

Areas of Sudan, or to persons in third 

countries purchasing specifically for 

resale to the foregoing. Specific licenses 

issued pursuant to this section will 

authorize the brokering only of sales 

that: 

* * * * * 

(2) Are to purchasers permitted 

pursuant to § 538.523(a)(1); and 

* * * * * 

Dated: September 1, 2009. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

[FR Doc. E9–21553 Filed 9–8–09; 8:45 am] 

BILLING CODE 4811–45–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0749] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Events; Choptank River, Cambridge, 

MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily suspending the existing 

enforcement period of a special local 

regulation for a recurring marine event 

in the Fifth Coast Guard District and 

adding a temporary enforcement period. 

This regulation applies to only one 

recurring marine event, the ‘‘Cambridge 

Offshore Challenge’’ power boat race. A 

special local regulation is necessary to 

provide for the safety of life on 

navigable waters during the event. This 

action is intended to restrict vessel 

traffic in a portion of the Choptank 

River, MD, during the event. 

DATES: In the Table to 33 CFR 100.501, 

the suspension of line No. 27 is effective 

from September 9, 2009 to September 

30, 2009; and the addition of line No. 

64 is effective from 9 a.m. to 6 p.m., on 

September 19, 2009, and from 9 a.m. to 

6 p.m., on September 20, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0749 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2009–0749 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Dennis Sens, Project 

Manager, Fifth Coast Guard District, 

Prevention Division, at 757–398–6204 

or e-mail at Dennis.M.Sens@uscg.mil. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

immediate action is needed to minimize 

potential danger to the public during the 

event. The potential dangers posed by a 

high speed power boat race conducted 

on the waterway with other vessel 

traffic makes a special local regulation 

necessary to provide for the safety of 

participants, spectator craft and other 

vessels transiting the event area. For the 

safety concerns noted, it is in the public 

interest to have this regulation in effect 

during the event. The Coast Guard will 

issue broadcast notice to mariners to 

advise vessel operators of navigational 

restrictions. On scene Coast Guard and 

local law enforcement vessels will also 

provide actual notice to mariners. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. The potential dangers posed 

by boat races operating in close 

proximity to transiting vessels make 

special local regulation necessary. 

Delaying the effective date would be 

contrary to the public interest, since 

immediate action is needed to ensure 

the safety of the event participants, 

patrol vessels, spectator craft and other 

vessels transiting the event area. 

However, the Coast Guard will provide 

advance notifications to users of the 

effected waterways via marine 

information broadcasts, local notice to 

mariners, commercial radio stations and 

area newspapers. 

Background and Purpose 

Marine events are frequently held on 

the navigable waters within the 

boundary of the Fifth Coast Guard 

District. The on water activities that 

typically comprise marine events 

include sailing regattas, power boat 

races, swim races and holiday parades. 

For a description of the geographical 

area of each Coast Guard Sector— 

Captain of the Port Zone, please see 33 

CFR 3.25. 

This regulation temporarily suspends 

the enforcement period of a special local 

regulation for a recurring marine event 

within the Fifth Coast Guard District 

and temporarily adds a new 


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