Safety Zone; Metedeconk River; Brick Township, NJ, 44433-44436 [2013-17677]
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Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Rules and Regulations
Indianapolis, IN 46285. Accordingly,
the Agency is amending the regulations
in 21 CFR parts 522 and 524 to reflect
the transfers of ownership.
Following these changes of
sponsorship, Alstoe, Ltd., Animal
Health, and Nexcyon Pharmaceuticals,
Inc., are no longer sponsors of approved
NADAs. Accordingly, FDA is amending
21 CFR 510.600 to remove the entries
for these firms.
In addition, Sogeval S.A. is now a
sponsor of approved NADAs.
Accordingly, FDA is amending 21 CFR
510.600 to add entries for this firm.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
List of Subjects
DEPARTMENT OF HOMELAND
SECURITY
Drug
labeler
code
Firm name and address
*
*
*
*
Sogeval S.A., 200 Avenue de
Mayenne, 53000 Laval,
France ...................................
*
*
*
*
RIN 1625–AA00
059120
*
*
(2) * * *
Firm name and address
*
*
*
*
*
059120 .... Sogeval S.A., 200 Avenue de
Mayenne,
53000
Laval,
France.
*
*
*
*
21 CFR Parts 522 and 524
■
3. The authority citation for 21 CFR
part 522 continues to read as follows:
Authority: 21 U.S.C. 360b.
1. The authority citation for 21 CFR
part 510 continues to read as follows:
§ 522.1182
[Amended]
4. In § 522.1182, in paragraphs (b)(3)
and (b)(8), remove ‘‘062408’’ and in its
place add ‘‘059120’’.
■
PART 524—OPHTHALMIC AND
TOPICAL DOSAGE FORM NEW
ANIMAL DRUGS
5. The authority citation for 21 CFR
part 524 continues to read as follows:
■
Authority: 21 U.S.C. 321, 331, 351, 352,
353, 360b, 371, 379e.
Authority: 21 U.S.C. 360b.
2. In the table in paragraph (c)(1) of
§ 510.600, remove the entries for
‘‘Alstoe, Ltd., Animal Health’’ and
‘‘Nexcyon Pharmaceuticals, Inc.’’, and
alphabetically add an entry for ‘‘Sogeval
S.A.’’; and in the table in paragraph
(c)(2), remove the entries for ‘‘050929’’
and ‘‘062408’’, and numerically add an
entry for ‘‘059120’’ to read as follows:
■
§ 524.916
[Amended]
6. In paragraph (b) of § 524.916,
remove ‘‘050929’’ and in its place add
‘‘000986’’.
■
Dated: July 17, 2013.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2013–17754 Filed 7–23–13; 8:45 am]
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BILLING CODE 4160–01–P
§ 510.600 Names, addresses, and drug
labeler codes of sponsors of approved
applications.
*
*
*
(c) * * *
(1) * * *
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*
15:33 Jul 23, 2013
Jkt 229001
Coast Guard, DHS.
Temporary final rule.
PO 00000
The Coast Guard is
temporarily changing the enforcement
date of a safety zone for one recurring
fireworks display in the Fifth Coast
Guard District. This regulation applies
to only one recurring fireworks event
held in the Metedeconk River in Brick
Township, NJ. The fireworks display is
normally held on the first Thursday in
September, but this year it will be held
on July 25th. The safety zone 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 Delaware River
near Philadelphia, Pennsylvania, during
the event.
DATES: This rule is effective from 6:30
p.m. on July 25, 2013 through
September 5, 2013. Within the Coast
Guard Sector Delaware Bay-COTP Zone
portion of the table in 33 CFR 165.506,
an entry 19 for the Metedeconk River,
Brick Township, NJ Safety Zone will be
added from 6:30 p.m. until 10 p.m. on
July 25, 2013, and existing entry 9 will
be suspended on September 5, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0636]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Veronica Smith, U.S.
Coast Guard Sector Delaware Bay, Chief
of Waterways Management Division;
telephone (215) 271–4851, email
veronica.l.smith@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
SUMMARY:
Drug
labeler
code
PART 522—IMPLANTATION OR
INJECTABLE DOSAGE FORM NEW
ANIMAL DRUGS
■
Safety Zone; Metedeconk River; Brick
Township, NJ
ACTION:
Administrative practice and
procedure, Animal drugs, Labeling,
Reporting and recordkeeping
requirements.
PART 510—NEW ANIMAL DRUGS
[Docket No. USCG–2013–0636]
AGENCY:
*
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR parts 510, 522, and 524 are
amended as follows:
Coast Guard
33 CFR Part 165
21 CFR Part 510
Animal drugs.
44433
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44434
Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Rules and Regulations
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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A. Regulatory History and 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 it is
impracticable. Publishing an NPRM is
impracticable given that the necessary
information for this event were not
received by the Coast Guard with
insufficient time remaining to issue an
NPRM. Immediate action is necessary to
provide for the safety of life and
property in the navigable water.
Delaying this rule to wait for a notice
and comment period to run would
inhibit the Coast Guard’s ability to
protect the public from the hazards
associated with this maritime fireworks
display.
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. Delaying the establishment of
the safety zone is impracticable and
contrary to the public interest. Delay
could result in mariners approaching
the fireworks location, creating a
hazardous scenario with potential for
loss of life and property. For the same
reasons discussed in the preceding
paragraph, a 30 day notice period would
be impracticable and contrary to the
public interest.
B. Basis and Purpose
Recurring fireworks displays are
frequently held on or adjacent to the
navigable waters within the boundary of
the Fifth Coast Guard District. For a
description of the geographical area of
each Coast Guard Sector—Captain of the
Port (COTP) Zone, please see 33 CFR
3.25.
The regulation listing annual
fireworks displays within the Fifth
Coast Guard District and safety zones
locations is 33 CFR 165.506. The Table
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15:33 Jul 23, 2013
Jkt 229001
to § 165.506 identifies fireworks
displays by COTP zone, with the COTP
Delaware Bay zone listed in section
‘‘(a)’’ of the Table.
Township of Brick sponsors an
annual fireworks display held on the
first Thursday in September over the
waters of the Metedeconk River, Brick
Township, New Jersey. The Table to
§ 165.506, at section (a) event number
‘‘9’’, describes the enforcement date and
regulated location for this fireworks
event.
In the Table, this fireworks display
occurs annually on the first Thursday in
September. However, this year, the
fireworks event will be held on July 25,
2013.
A fleet of spectator vessels are
anticipated to gather nearby to view the
fireworks display. Due to the need for
vessel control during the fireworks
display, vessel traffic will be
temporarily restricted to provide for the
safety of participants, spectators and
transiting vessels. Under provisions of
33 CFR 165.506, during the enforcement
period, vessels may not enter the
regulated area unless they receive
permission from the Coast Guard Patrol
Commander.
C. Discussion of the Final Rule
The Coast Guard will temporarily
suspend the regulation listed in Table to
§ 165.506, section (a) event Number ‘‘9’’,
and insert this temporary regulation at
Table to § 165.506, at section (a.) as
event Number ‘‘19’’, in order to reflect
that the safety zone will be effective and
enforced from 6:30 p.m. until 10 p.m. on
July 25, 2013. This change is needed to
accommodate the sponsor’s event plan.
No other portion of the Table to
§ 165.506 or other provisions in
§ 165.506 shall be affected by this
regulation.
The regulated area of this safety zone
includes all the waters of the
Metedeconk River within a 300 yard
radius of the fireworks launch platform
in approximate position latitude
40°03′24″ N, longitude 074°06′42″ W,
near the shoreline at Brick Township,
NJ.
This safety zone will restrict general
navigation in the regulated area during
the fireworks event. Except for persons
or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel
may enter or remain in the regulated
area during the effective period. The
regulated area is needed to control
vessel traffic during the event for the
safety of participants and transiting
vessels.
In addition to notice in the Federal
Register, the maritime community will
be provided extensive advance
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notification via the Local Notice to
Mariners, and marine information
broadcasts so mariners can adjust their
plans accordingly.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes or executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
This rule prevents traffic from
transiting a portion of the Metedeconk
River, in Brick Township, New Jersey
during the specified event, the effect of
this regulation will not be significant
due to the limited duration that the
regulated area will be in effect and the
extensive advance notifications that will
be made to the maritime community via
marine information broadcasts, local
radio stations and area newspapers so
that mariners can adjust their plans
accordingly. Additionally, this
rulemaking changes the enforcement
date for the Metedeconk River, Brick
Township, New Jersey fireworks
demonstration for July 25, 2013 only
and does not change the permanent
enforcement period that has been
published in 33 CFR 165.506, Table to
§ 165.506 at section (a), event Number
‘‘9’’. In some cases vessel traffic may be
able to transit the regulated area when
the Coast Guard Patrol Commander
deems it is safe to do so.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. 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 will not have a
significant economic impact on a
substantial number of small entities.
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Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Rules and Regulations
This rule would affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
the Metedeconk River, in Brick
Township, New Jersey, where fireworks
events are being held. This regulation
will not have a significant impact on a
substantial number of small entities
because it will be enforced only during
the fireworks display event that has
been permitted by the Coast Guard
Captain of the Port. The Captain of the
Port will ensure that small entities are
able to operate in the regulated area
when it is safe to do so. In some cases,
vessels will be able to safely transit
around the regulated area at various
times, and, with the permission of the
Patrol Commander, vessels may transit
through the regulated area. Before the
enforcement period, the Coast Guard
will issue maritime advisories so
mariners can adjust their plans
accordingly.
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3. 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. 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 the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). 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.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
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between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. 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 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. 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.
10. 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
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does 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
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44435
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone. This rule
is categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. In § 165.506, amend the Table to
§ 165.506 under the heading (a) Coast
Guard Sector Delaware Bay—COTP
Zone by—
■ a. Suspending entry 9, ‘‘Metedeconk
River, Brick Township, NJ Safety Zone’’
on September 5, 2013.
■ b. Adding entry 19 from 6:30 p.m.
until 10 p.m. on July 25, 2013, to read
as follows:
■
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44436
Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Rules and Regulations
§ 165.506 Safety Zones; Fireworks
Displays in the Fifth Coast Guard District.
*
*
*
*
Number
*
Date
Location
Regulated area
(a) Coast Guard Sector Delaware Bay—COTP Zone
*
19 ........
July 25th ...........
*
*
Metedeconk River, Brick Township,
NJ, Safety Zone.
*
*
*
*
The waters of the Metedeconk River within a 300 yard radius of the fireworks launch platform in approximate position latitude 40°03′24″ N, longitude 074°06′42″ W, near the shoreline at Brick Township, NJ.
Coast Guard
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, contact or email MST1 Joseph
McCollum, U.S. Coast Guard Sector
Lake Michigan, at 414–747–7148 or
Joseph.P.McCollum@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
33 CFR Part 165
Table of Acronyms
[Docket No. USCG–2013–0611]
DHS Department of Homeland Security
DOD Department of Defense
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
*
*
*
*
*
Dated: July 11, 2013.
K. Moore,
Captain, U.S. Coast Guard, Captain of the
Port, Delaware Bay.
[FR Doc. 2013–17677 Filed 7–23–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
RIN 1625–AA00
Safety Zone; Joint Operations
Exercise, Lake Michigan, IL
A. Regulatory History and Information
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone on
Lake Michigan near Lake Forest, IL.
This safety zone is intended to restrict
vessels from a portion of Lake Michigan
due to a joint operations exercise
involving the Department of Defense
and the Department of Homeland
Security. This temporary safety zone is
necessary to protect the surrounding
public and vessels from the hazards
associated with the exercise.
DATES: This rule is effective from 12
p.m. until 11:59 p.m. on July 25, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0611. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
ehiers on DSK2VPTVN1PROD with RULES
SUMMARY:
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15:33 Jul 23, 2013
Jkt 229001
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 an
NPRM with respect to this rule because
doing so would be impracticable. The
final details for this event were not
known to the Coast Guard until there
was insufficient time remaining before
the event to publish an NPRM. Thus,
delaying the effective date of this rule to
wait for a comment period to run would
be impracticable because it would
inhibit the Coast Guard’s ability to
protect persons and vessels from the
hazards associated with a joint DHS/
DOD exercise, which are discussed
further below.
Under 5 U.S.C. 553(d)(3), The Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
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Federal Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and limited
access areas: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191,
195; 33 CFR 1.05–1, 6.04–1, 6.04–6,
160.5; Public Law 107–295, 116 Stat.
2064; Department of Homeland Security
Delegation No. 0170.1.
On July 25, 2013, personnel and
vessels from the Coast Guard and the
Department of Defense will participate
in a joint exercise involving parachuting
personnel over the waters of Lake
Michigan, approximately 9.5 nautical
miles east of Lake Forest, IL. Coast
Guard and DOD vessels are expected to
maneuver over a 2 nautical mile section
of Lake Michigan in an effort to recover
and otherwise aid the personnel in
parachutes. The Captain of the Port,
Lake Michigan, has determined that
parachuting personnel, and the military
vessels maneuvering to aid in their
recovery, presents a significant risk to
public safety and property. Such
hazards include collisions among
transiting civilian and military vessels,
and collisions among parachuting
personnel and transiting watercraft.
C. Discussion of the Final Rule
With the aforementioned hazards in
mind, the Captain of the Port, Lake
Michigan, has determined that this
temporary safety zone is necessary to
ensure the safety of persons and vessels
during the exercise. This zone will be
effective and enforced from 12 p.m.
until 11:59 p.m. on July 25, 2013. This
zone will encompass all waters of Lake
Michigan within a 2 Nautical Mile
radius of an approximate position at
42°15′01″ N, 87°36′0″ W (NAD 83).
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
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]]>Agencies
[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Rules and Regulations]
[Pages 44433-44436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17677]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0636]
RIN 1625-AA00
Safety Zone; Metedeconk River; Brick Township, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the enforcement date
of a safety zone for one recurring fireworks display in the Fifth Coast
Guard District. This regulation applies to only one recurring fireworks
event held in the Metedeconk River in Brick Township, NJ. The fireworks
display is normally held on the first Thursday in September, but this
year it will be held on July 25th. The safety zone 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
Delaware River near Philadelphia, Pennsylvania, during the event.
DATES: This rule is effective from 6:30 p.m. on July 25, 2013 through
September 5, 2013. Within the Coast Guard Sector Delaware Bay-COTP Zone
portion of the table in 33 CFR 165.506, an entry 19 for the Metedeconk
River, Brick Township, NJ Safety Zone will be added from 6:30 p.m.
until 10 p.m. on July 25, 2013, and existing entry 9 will be suspended
on September 5, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0636]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Veronica Smith, U.S. Coast Guard Sector
Delaware Bay, Chief of Waterways Management Division; telephone (215)
271-4851, email veronica.l.smith@uscg.mil. If you have questions on
viewing or submitting material to the docket, call Barbara
[[Page 44434]]
Hairston, Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and 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 it is impracticable. Publishing an
NPRM is impracticable given that the necessary information for this
event were not received by the Coast Guard with insufficient time
remaining to issue an NPRM. Immediate action is necessary to provide
for the safety of life and property in the navigable water. Delaying
this rule to wait for a notice and comment period to run would inhibit
the Coast Guard's ability to protect the public from the hazards
associated with this maritime fireworks display.
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. Delaying the establishment of the
safety zone is impracticable and contrary to the public interest. Delay
could result in mariners approaching the fireworks location, creating a
hazardous scenario with potential for loss of life and property. For
the same reasons discussed in the preceding paragraph, a 30 day notice
period would be impracticable and contrary to the public interest.
B. Basis and Purpose
Recurring fireworks displays are frequently held on or adjacent to
the navigable waters within the boundary of the Fifth Coast Guard
District. For a description of the geographical area of each Coast
Guard Sector--Captain of the Port (COTP) Zone, please see 33 CFR 3.25.
The regulation listing annual fireworks displays within the Fifth
Coast Guard District and safety zones locations is 33 CFR 165.506. The
Table to Sec. 165.506 identifies fireworks displays by COTP zone, with
the COTP Delaware Bay zone listed in section ``(a)'' of the Table.
Township of Brick sponsors an annual fireworks display held on the
first Thursday in September over the waters of the Metedeconk River,
Brick Township, New Jersey. The Table to Sec. 165.506, at section (a)
event number ``9'', describes the enforcement date and regulated
location for this fireworks event.
In the Table, this fireworks display occurs annually on the first
Thursday in September. However, this year, the fireworks event will be
held on July 25, 2013.
A fleet of spectator vessels are anticipated to gather nearby to
view the fireworks display. Due to the need for vessel control during
the fireworks display, vessel traffic will be temporarily restricted to
provide for the safety of participants, spectators and transiting
vessels. Under provisions of 33 CFR 165.506, during the enforcement
period, vessels may not enter the regulated area unless they receive
permission from the Coast Guard Patrol Commander.
C. Discussion of the Final Rule
The Coast Guard will temporarily suspend the regulation listed in
Table to Sec. 165.506, section (a) event Number ``9'', and insert this
temporary regulation at Table to Sec. 165.506, at section (a.) as
event Number ``19'', in order to reflect that the safety zone will be
effective and enforced from 6:30 p.m. until 10 p.m. on July 25, 2013.
This change is needed to accommodate the sponsor's event plan. No other
portion of the Table to Sec. 165.506 or other provisions in Sec.
165.506 shall be affected by this regulation.
The regulated area of this safety zone includes all the waters of
the Metedeconk River within a 300 yard radius of the fireworks launch
platform in approximate position latitude 40[deg]03'24'' N, longitude
074[deg]06'42'' W, near the shoreline at Brick Township, NJ.
This safety zone will restrict general navigation in the regulated
area during the fireworks event. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area during the effective period. The
regulated area is needed to control vessel traffic during the event for
the safety of participants and transiting vessels.
In addition to notice in the Federal Register, the maritime
community will be provided extensive advance notification via the Local
Notice to Mariners, and marine information broadcasts so mariners can
adjust their plans accordingly.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
This rule prevents traffic from transiting a portion of the
Metedeconk River, in Brick Township, New Jersey during the specified
event, the effect of this regulation will not be significant due to the
limited duration that the regulated area will be in effect and the
extensive advance notifications that will be made to the maritime
community via marine information broadcasts, local radio stations and
area newspapers so that mariners can adjust their plans accordingly.
Additionally, this rulemaking changes the enforcement date for the
Metedeconk River, Brick Township, New Jersey fireworks demonstration
for July 25, 2013 only and does not change the permanent enforcement
period that has been published in 33 CFR 165.506, Table to Sec.
165.506 at section (a), event Number ``9''. In some cases vessel
traffic may be able to transit the regulated area when the Coast Guard
Patrol Commander deems it is safe to do so.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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
will not have a significant economic impact on a substantial number of
small entities.
[[Page 44435]]
This rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in the Metedeconk River, in Brick Township, New
Jersey, where fireworks events are being held. This regulation will not
have a significant impact on a substantial number of small entities
because it will be enforced only during the fireworks display event
that has been permitted by the Coast Guard Captain of the Port. The
Captain of the Port will ensure that small entities are able to operate
in the regulated area when it is safe to do so. In some cases, vessels
will be able to safely transit around the regulated area at various
times, and, with the permission of the Patrol Commander, vessels may
transit through the regulated area. Before the enforcement period, the
Coast Guard will issue maritime advisories so mariners can adjust their
plans accordingly.
3. 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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). 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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. 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 does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone.
This rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. In Sec. 165.506, amend the Table to Sec. 165.506 under the heading
(a) Coast Guard Sector Delaware Bay--COTP Zone by--
0
a. Suspending entry 9, ``Metedeconk River, Brick Township, NJ Safety
Zone'' on September 5, 2013.
0
b. Adding entry 19 from 6:30 p.m. until 10 p.m. on July 25, 2013, to
read as follows:
[[Page 44436]]
Sec. 165.506 Safety Zones; Fireworks Displays in the Fifth Coast
Guard District.
* * * * *
------------------------------------------------------------------------
Number Date Location Regulated area
------------------------------------------------------------------------
(a) Coast Guard Sector Delaware Bay--COTP Zone
------------------------------------------------------------------------
* * * * * * *
19......... July 25th........... Metedeconk The waters of the
River, Brick Metedeconk River
Township, NJ, within a 300 yard
Safety Zone. radius of the
fireworks launch
platform in
approximate
position latitude
40[deg]03'24'' N,
longitude
074[deg]06'42'' W,
near the shoreline
at Brick Township,
NJ.
------------------------------------------------------------------------
* * * * *
Dated: July 11, 2013.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2013-17677 Filed 7-23-13; 8:45 am]
BILLING CODE 9110-04-P
