42220 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Proposed Rules 

based companies in domestic and 

export markets. 

List of Subjects in 21 CFR Part 1308 

Administrative practice and 

procedure, Drug traffic control, 

Narcotics, Prescription drugs. 

Under the authority vested in the 

Attorney General by section 201(a) of 

the CSA (21 U.S.C. 811(a)), and 

delegated to the Administrator of DEA 

by Department of Justice regulations (28 

CFR 0.100), and redelegated to the 

Deputy Administrator pursuant to 28 

CFR 0.104, the Deputy Administrator 

hereby proposes that 21 CFR part 1308 

be amended as follows: 

PART 1308—SCHEDULES OF 

CONTROLLED SUBSTANCES 

1. The authority citation for part 1308 

continues to read as follows: 

Authority: 21 U.S.C. 811, 812, 871(b) 

unless otherwise noted. 

2. Section 1308.11 is amended by: 

A. Redesignating existing paragraphs 

(d)(15) through (d)(34) as paragraphs 

(d)(16) through (d)(35). 

B. Adding a new paragraph (d)(15). 

§ 1308.11 Schedule I. 

* * * * * 

(d) * * * 

(15) 5-methoxy-N,Ndimethyltryptamine, its isomers, salts 

and salts of isomers—7431. 

Some trade or other names: 5- 

methoxy-3-[2- 

(dimethylamino)ethyl]indole; 5-MeODMT. 

* * * * * 

Dated: August 12, 2009. 

Michele M. Leonhart, 

Deputy Administrator. 

[FR Doc. E9–20204 Filed 8–20–09; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0720] 

RIN 1625–AA00 

Safety Zone; Ocean City Beachfront 

Air Show, Ocean City, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone for the 

Ocean City Beachfront Air Show, an 

aerial demonstration to be held over the 

waters of the Atlantic Ocean adjacent to 

Ocean City, New Jersey. This Safety 

Zone is necessary to provide for the 

safety of life on navigable waters during 

the event. This proposed action would 

temporarily restrict vessel traffic in 

portions of the Atlantic Ocean adjacent 

to Ocean City, New Jersey during the 

aerial demonstration. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before September 21, 2009 Requests 

for public meetings must be received by 

the Coast Guard on or before August 28, 

2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0720 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 proposed 

rule, call or e-mail Lieutenant Rebecca 

Walthour, Chief of Waterways 

Management Branch, Coast Guard 

Sector Delaware Bay, at 215–271–4889, 

e-mail Rebecca.A.Walthour@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–2009–0720), 

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 deliver, 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, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu, 

select ‘‘Notices’’ and insert ‘‘USCG– 

2009–0720’’ in the ’’Keyword’’ box. 

Click ‘‘Search’’ 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, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box, insert USCG–2009– 

0720 and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

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 


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the Department of Transportation to use 

the Docket Management Facility. 

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 on or before August 18, 2009, 

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. 

Background and Purpose 

On September 19–20, 2009, the Ocean 

City Business and Neighborhood 

Development INC will sponsor the 

Ocean City Beachfront Air Show. The 

event will consist of high performance 

jet aircraft performing low altitude 

aerial maneuvers over the waters of the 

Atlantic Ocean adjacent to Ocean City, 

New Jersey. A fleet of spectator vessels 

is expected to gather nearby to view the 

aerial demonstration. Due to the need 

for vessel control during the event, 

vessel traffic will be temporarily 

restricted to provide for the safety of 

spectators and transiting vessels. 

Discussion of Proposed Rule 

The Coast Guard proposes to establish 

a temporary safety zone on the North 

Atlantic Ocean, immediately adjacent to 

the shoreline at Ocean City, New Jersey. 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the regulated areas during the 

enforcement period. The Patrol 

Commander will notify the public of 

specific enforcement times by Marine 

Radio Safety Broadcast. This regulation 

will be enforced to prevent personal 

injury to mariners and damage to vessel 

traffic during the event. 

The temporary safety zone includes 

all waters offshore from Ocean City, 

New Jersey, bounded within the 

following area: Beginning at latitude 

39°16′28′′ N, longitude 074°33′38′′ W, 

thence southeasterly to latitude 

39°16′20′′ N, longitude 074°33′30′′ W, 

thence southwesterly to latitude 

39°15′38′′ N, longitude 074°34′41′′ W, 

thence northwesterly to latitude 

39°15′47′′ N, longitude 074°34′51′′ W, 

thence returning northeasterly to 

latitude 39°16′28′′ N, longitude 

074°33′38′′ W. All coordinates listed for 

the following safety zones reference 

Datum NAD 1983. 

This temporary safety zone will be 

enforced from 1 p.m. to 3 p.m. on 

September 19, 2009, and from 12 p.m. 

(noon) to 4 p.m. on September 20, 2009. 

Regulatory Analyses 

We developed this proposed 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 proposed 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 proposed rule to be so minimal that 

a full Regulatory Assessment is 

unnecessary. Although this regulation 

restricts vessel traffic from transiting a 

small segment of coastal waters near 

Ocean City, New Jersey, the effect of this 

regulation will not be significant due to 

the limited duration that the regulated 

area will be in effect and the advance 

notifications that will be made to the 

maritime community via marine 

information broadcasts and area 

newspapers so mariners can adjust their 

plans accordingly. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This rule will affect the 

following entities, some of which may 

be small entities: The owners or 

operators of vessels intending to transit 

coastal waters in the vicinity of Ocean 

City, New Jersey during the event. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. This rule will be 

in effect for only a short period, from 1 

p.m. to 3 p.m. on September 19, 2009 

and from 12 a.m. (noon) to 4 p.m. on 

September 20, 2009. Traffic will be 

allowed to pass through the zone with 

the permission of the Coast Guard patrol 

commander. Before the enforcement 

period, we will issue maritime 

advisories so mariners can adjust their 

plans accordingly. 

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 proposed 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 Lieutenant 

Rebecca Walthour, Chief of Waterways 

Management Branch, Coast Guard 

Sector Delaware Bay, at 215–271–4889, 

or e-mail Rebecca.A.Walthour@uscg.mil. 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this proposed rule or 

any policy or action of the Coast Guard. 

Collection of Information 

This proposed 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 proposed 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 


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42222 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Proposed Rules 

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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed 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 made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves creating a temporary safety 

zone on the waters of the Atlantic Ocean 

offshore from Ocean City, New Jersey, 

which will restrict vessel movement due 

to a scheduled air show. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

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 proposes to 

amend 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. 1226, 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, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

2. Add § 165.T05–0720, to read as 

follows: 

§ 165.T05–0720 Safety Zone; Ocean City 

Beachfront Air Show, Ocean City, NJ. 

(a) Location. A temporary safety zone 

is created on the coastal waters of the 

North Atlantic Ocean, immediately 

adjacent to the shoreline at Ocean City, 

NJ, bounded within the following area: 

beginning at latitude 39°16′28′′ N, 

longitude 074°33′38′′ W, thence 

southeasterly to latitude 39°16′20′′ N, 

longitude 074°33′30′′ W, thence 

southwesterly to latitude 39°15′38′′ N, 

longitude 074°34′41′′ W, thence 

northwesterly to latitude 39°15′47′′ N, 

longitude 074°34′51′′ W, thence 

returning northeasterly to latitude 

39°16′28′′ N, longitude 074°33′38′′ W. 

(b) Regulations. (1) Under the general 

regulations governing safety zones in 

§ 165.23, no person or vessel may enter 

or navigate within this safety zone 

unless authorized to do so by the Coast 

Guard or designated representatives. 

Any person or vessel authorized to enter 

the safety zone must operate in strict 

conformance with any directions given 

by the Coast Guard or designated 

representative and leave the safety zone 

immediately if the Coast Guard or 

designated representative so orders. 

(2) All Coast Guard assets enforcing 

this safety zone can be contacted on 

VHF marine band radio, channels 13 

and 16. The Captain of the Port can be 

contacted at 215–271–4807. 

(3) The Captain of the Port will notify 

the public of any changes in the status 

of this safety zone by Marine Safety 

Radio Broadcast on VHF–FM marine 

band radio, channel 22 (157.1 MHZ). 

(c) Definition. As used in this section, 

designated representative means the 

Commanding Officer of Sector Delaware 

Bay or any Coast Guard commissioned 

warrant or petty officer who has been 

authorized by the Captain of the Port to 

act on his behalf to assist in enforcing 

this section. 

(d) Effective period. This section will 

be enforced from 1 p.m. to 3 p.m. on 

September 19, 2009, and from 12 p.m. 

(noon) to 4 p.m. on September 20, 2009. 

Dated: August 7, 2009. 

Meredith L. Austin, 

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

Port, Delaware Bay. 

[FR Doc. E9–20095 Filed 8–20–09; 8:45 am] 

BILLING CODE 4910–15–P 


CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS