32428 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations 

Oke ̨cie’’ S.A. Mandatory Bulletin No. 

10409036, dated March 18, 2009; and PZL– 

104 Wilga 80 Maintenance Manual, pages 5– 

4 and 25–10, dated April 7, 2009, for related 

information. 

Material Incorporated by Reference 

(h) You must use EADS PZL ‘‘WarszawaOke ̨cie’’ S.A. Mandatory Bulletin No. 

10409036, dated March 18, 2009; and PZL– 

104 Wilga 80 Maintenance Manual, pages 5– 

4 and 25–10, dated April 7, 2009, to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

PZL–104 Wilga 80 Maintenance Manual, 

pages 5–4 and 25–10, dated April 7, 2009, 

under 5 U.S.C. 552(a) and 1 CFR part 51. 

(2) On May 18, 2009 (74 FR 18979; April 

27, 2009), the Director of the Federal Register 

previously approved the incorporation by 

reference of EADS PZL ‘‘Warszawa-Oke ̨cie’’ 

S.A. Mandatory Bulletin No. 10409036, dated 

March 18, 2009. 

(3) For service information identified in 

this AD, contact EADS–PZL ‘‘WarszawaOke ̨cie’’ S.A., Aleja Krakowska 110/114, 00– 

971 Warszawa, Poland; telephone: +48 22 

577 22 11; fax: +48 22 577 22 03; e-mail: 

eadsplz@plz.eads.net; Internet: http://

www.eads.net/1024/en/businet/airbus/

airbus_military/pzl/pzl.html. 

(4) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(5) You may also review copies of the 

service information incorporated by reference 

for this AD at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html. 

Issued in Kansas City, Missouri, on June 

30, 2009. 

Scott A. Horn, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–15917 Filed 7–7–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0302] 

RIN 1625–AA08 

Special Local Regulation, Maggie 

Fischer Memorial Great South Bay 

Cross Bay Swim, Great South Bay, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Coast Guard is 

establishing a permanent Special Local 

Regulation on Great South Bay, NY 

between Gilbert Park, Brightwaters, NY 

and Fire Island Lighthouse Dock, Fire 

Island, NY due to the annual Maggie 

Fischer Memorial Great South Bay Cross 

Bay Swim. This Special Local 

Regulation is necessary to provide for 

the swimmers’ safety of life on the 

navigable waters of Great South Bay, 

NY. Entry into this regulated area is 

prohibited unless authorized by the 

Captain of the Port Long Island Sound, 

New Haven, CT. 

DATES: This interim rule is effective July 

23, 2009. Comments and related 

material must reach the Coast Guard on 

or before September 8, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0302 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this interim rule, 

call or e-mail: MSTC Christie Dixon, 

Prevention Department, USCG Sector 

Long Island Sound at 203–468–4459, 

christie.m.dixon@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0302), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand delivery, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2009–0302’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2009–0302 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

the Docket Management Facility in 

Room W12–140 on the ground floor of 

the Department of Transportation West 

Building, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 


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Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations 32429 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Regulatory Information 

The Coast Guard is issuing this 

interim 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 interim rulemaking (NPRM) 

with respect to this rule because the 

delay or cancellation of this event in 

order to permit a notice period would be 

contrary to the pubic interest. In order 

to balance the tradition of the Cross Bay 

Swim and the concern for the 

swimmers’ safety, a special local 

regulation is essential despite the 

limited time available for public notice 

and comment. While this is an annual 

event, the date for the 2009 swim and 

subsequent permit application were not 

received by the Coast Guard in 

sufficient time to allow for a full notice 

and comment period; therefore, the 

Coast Guard is issuing this interim rule 

with a request for comments. 

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. In order to balance the 

tradition of the Cross Bay Swim and the 

concern for the swimmers’ safety, a 

special local regulation is essential 

despite the limited time available for 

public notice and comment. While this 

is an annual event, the date for the 2009 

swim and subsequent permit 

application were not received by the 

Coast Guard in sufficient time to allow 

for a full notice and comment period; 

therefore, the Coast Guard is issuing this 

interim rule with a request for 

comments. 

Background and Purpose 

The Cross Bay Swim has been 

successfully held on and off from the 

early 1900s on the waters of Great South 

Bay, NY. This 5.25-mile swim has 

historically involved up to 100 

swimmers and accompanying safety 

craft that travel along a course located 

directly north of the Fire Island 

Lighthouse Dock, NY and extending to 

Gilbert Park in Brightwaters, NY. 

Currently there is no regulation in place 

to protect the swimmers or safety craft 

from the hazards imposed by passing 

water traffic and other water related 

activities. 

To ensure the continued safety of the 

swimmers, safety craft and the boating 

public, the Coast Guard is establishing 

a special local regulation around the 

race course for the duration of the race, 

generally from 6:30 a.m. to 12:30 p.m. 

on the day of the race. 

Discussion of Rule 

This regulation establishes a special 

local regulation on the navigable waters 

of Great South Bay, NY within 100 

yards of the swim event race course 

which consists of the following points: 

Starting Point at the Fire Island 

Lighthouse Dock in approximate 

position 40°38′01′′ N 073°13′07′′ N, 

northerly through approximate points 

40°38′52′′ N 073°13′09′′ N, 40°39′40′′ N 

073°13′30′′ N, 40°40′30′′ N 073°14′00′′ N, 

and finishing at Gilbert Park, 

Brightwaters, NY at approximate 

position 40°42′25′′ N 073°14′52′′ N. This 

action will limit vessel traffic in this 

portion of Great South Bay, NY to 

provide for the safety of swimmers, 

swimmer safety craft and the boating 

community from the hazards posed by 

vessels operating near persons 

participating in this open water swim. 

While the special local regulation will 

be permanent, it will only be active and 

enforceable for approximately six hours 

on a single specified day each July. 

Marine traffic that may safely do so, 

may transit outside of the area during 

the enforcement period, allowing 

navigation in all other portions of Great 

South Bay, NY not covered by this rule. 

Entry into this area would be prohibited 

unless authorized by the Captain of the 

Port, Long Island Sound or Designated 

On-scene Patrol Personnel. Any 

violation of the special local regulation 

described herein is punishable by, 

among others, civil and criminal 

penalties, in rem liability against the 

offending vessel, and license sanctions. 

Regulatory Analyses 

We developed this interim rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

This regulation may have some impact 

on the public, but the potential impact 

would be minimized for the following 

reason: Vessels may transit in all areas 

of Great South Bay, NY other than the 

area of the special local regulation with 

minimal increased transit time and the 

special local regulation will only be 

enforced for approximately 6 hours on 

a single specified day each July. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule would not 

have a significant economic impact on 

a substantial number of small entities. 

This rule may affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to transit in those 

portions of Great South Bay, NY covered 

by the special local regulation. Although 

the special local regulation would apply 

to the entire width of the bay, traffic 

would be allowed to pass through the 

regulated area, outside 100 yards of any 

swimmer, with the permission of the 

Captain of the Port or Designated Onscene Patrol Personnel. Before the 

activation of the special local regulation, 

we would issue maritime advisories 

widely available to users of the 


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32430 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations 

waterway. For the reasons outlined in 

the Regulatory Evaluation section above, 

this rule will not have a significant 

impact on a substantial number of small 

entities. If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact: MSTC 

Christie Dixon, Prevention Department, 

USCG Sector Long Island Sound at 203– 

468–4459, christie.m.dixon@uscg.mil. 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This rule would call for no new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule would not result in 

such an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule would not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

would not create an environmental risk 

to health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it would not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(h), of the Instruction. This rule 

involves the promulgation of a special 

local regulation issued in conjunction 

with a marine event for which a permit 

is required. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add § 100.124 to read as follows: 

§ 100.124: Maggie Fischer Memorial Great 

South Bay Cross Bay Swim, Great South 

Bay, New York. 

(a) Regulated area. All navigable 

waters of Great South Bay, NY within 

100 yards of the swim event race course 

which consists of the following points: 

Starting Point at the Fire Island 

Lighthouse Dock in approximate 

position 40°38′01′′ N 073°13′07′′ N, 

northerly through approximate points 

40°38′52′′ N 073°13′09′′ N, 40°39′40′′ N 

073°13′30′′ N, 40°40′30′′ N 073°14′00′′ N, 

and finishing at Gilbert Park, 

Brightwaters, NY at approximate 

position 40°42′25′′ N 073°14′52′′ N. 


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Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations 32431 

(b) Definitions. The following 

definition applies to this section: 

Designated On-scene Patrol Personnel, 

means any commissioned, warrant and 

petty officers of the U.S. Coast Guard 

operating Coast Guard vessels who have 

been authorized to act on the behalf of 

the Captain of the Port, Long Island 

Sound. 

(c) Special local regulation. (1) No 

person or vessel may enter, transit, or 

remain within the regulated area during 

the effective period of regulation unless 

they are officially participating in the 

Maggie Fischer Memorial Great South 

Bay Cross Bay Swim event or are 

otherwise authorized by the Designated 

On-scene Patrol Personnel. 

(2) All persons and vessels must 

comply with the instructions from Coast 

Guard Captain of the Port or the 

Designated On-scene Patrol Personnel. 

The Designated On-scene Patrol 

Personnel may delay, modify, or cancel 

the swim event as conditions or 

circumstances require. 

(3) Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light or other means, the operator of the 

vessel must proceed as directed. 

(4) Persons and vessels desiring to 

enter the regulated area may request 

permission to enter from the designated 

on scene patrol personnel on VHF–16 or 

to the Captain of the Port, Long Island 

Sound via phone at (203) 468–4401. 

(d) Enforcement Period. This rule is 

enforced from 6:30 a.m. to 12:30 p.m. on 

July 24th, 2009 and annually thereafter 

on a date in July to be specified in the 

Local Notice to Mariners and through 

marine broadcasts. 

Dated: June 17, 2009. 

Daniel A. Ronan, 

Captain, U.S. Coast Guard, Captain of the 

Port Long Island Sound. 

[FR Doc. E9–16072 Filed 7–7–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0252] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Event; Temporary Change of Dates for 

Recurring Marine Event in the Fifth 

Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily changing the enforcement 

period of special local regulations for a 

recurring marine event in the Fifth 

Coast Guard District. These regulations 

apply to only one recurring marine 

event that conducts ‘‘workboat races’’. 

Special local regulations are 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 York River, 

VA, during the event. 

DATES: This rule is effective from 9 a.m. 

to 5:30 p.m., on July 12, 2009, except 

that the suspension of line 41 in the 

table to § 100.501 is effective from July 

12, 2009 to July 31, 2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–0252 and are 

available online by going to http:// 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2009–0252 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is 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 

On May 12, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled Special Local Regulation for 

Marine Event; Temporary Change of 

Dates for Recurring Marine Event in the 

Fifth Coast Guard District in the Federal 

Register (74 FR 22142). We received no 

comments on the proposed rule. No 

public meeting was requested, and none 

was held. 

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 regulations 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 

affected 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 proposes to 

temporarily change the enforcement 

period of special local regulations for a 

recurring marine event within the Fifth 

Coast Guard District. This proposed 

regulation applies to one marine event 

in 33 CFR 100.501, Table to § 100.501. 

On July 12, 2009, the Watermen’s 

Museum of Yorktown, Virginia will 

sponsor the ‘‘Watermen’s Heritage 

Festival Workboat Races’’, on the waters 

of the York River near Yorktown, 

Virginia. The regulation at 33 CFR 

100.501 is effective annually for this 

river boat race marine event. The event 

will consist of approximately 40 

traditional Chesapeake Bay deadrise 

workboats racing along a marked 

straight line race course in heats of 2 to 

4 boats for a distance of approximately 

1,000 yards. A fleet of spectator vessels 

is anticipated to gather nearby to view 

the competition. Due to the need for 

vessel control during the event, the 

Coast Guard will temporarily restrict 

vessel traffic in the event area to provide 

for the safety of participants, spectators 

and other transiting vessels. The 

regulation at 33 CFR 100.501 would be 

enforced for the duration of the event. 

Under provisions of 33 CFR 100.501, 

from 9 a.m. to 5:30 p.m. on July 12, 

2009, vessels may not enter the 

regulated area unless they receive 

permission from the Coast Guard Patrol 

Commander. 

Discussion of Comments and Changes 

The Coast Guard did not receive 

comments in response to the notice of 

proposed rulemaking (NPRM) published 

in the Federal Register. Accordingly, 

the Coast Guard is establishing 

temporary special local regulations on 


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