Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Rules and Regulations 29085 

FDA to F. Ellison, Division of Petition 

Review, CFSAN, FDA, February 7, 2013. 

11. Memorandum from A. Khan, Division of 

Petition Review, CFSAN, FDA to F. 

Ellison, Division of Petition Review, 

CFSAN, FDA, June 22, 2010. 

12. Memorandum from T. Walker, Division of 

Petition Review, CFSAN, FDA to F. 

Ellison, Division of Petition Review, 

CFSAN, FDA, December 27, 2011. 

13. Memorandum from I. Chen, Division of 

Petition Review, CFSAN, FDA to F. 

Ellison, Division of Petition Review, 

CFSAN, FDA, May 24, 2010. 

14. Memorandum from S. Francke-Carroll 

and S. Mog, Senior Science and Policy 

Staff, CFSAN, FDA to C. Whiteside and 

A. Khan, Division of Petition Review, 

CFSAN, FDA, March 17, 2011. 

15. Memorandum from A. Khan, Division of 

Petition Review, CFSAN, FDA to F. 

Ellison, Division of Petition Review, 

CFSAN, FDA, March 3, 2012. 

16. CFSAN Cancer Assessment Committee 

Full Committee Review, Carcinogenicity 

Evaluation of Advantame, April 27, 

2012. 

List of Subjects in 21 CFR Part 172 

Food additives, Incorporation by 

reference, Reporting and recordkeeping 

requirements. 

Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs, 21 CFR part 172 is 

amended as follows: 

PART 172—FOOD ADDITIVES 

PERMITTED FOR DIRECT ADDITION 

TO FOOD FOR HUMAN 

CONSUMPTION 

■ 1. The authority citation for 21 CFR 

part 172 continues to read as follows: 

Authority: 21 U.S.C. 321, 341, 342, 348, 

371, 379e. 

■ 2. Add § 172.803 to subpart I to read 

as follows: 

§ 172.803 Advantame. 

(a) Advantame is the chemical N-[N- 

[3-(3-hydroxy-4- 

methoxyphenyl)propyl]-a-aspartyl]-Lphenylalanine 1-methyl ester, 

monohydrate (CAS Reg. No. 714229– 

20–6). 

(b) Advantame meets the following 

specifications when it is tested 

according to the methods described or 

referenced in the document entitled 

‘‘Specifications and Analytical Methods 

for Advantame’’ dated April 1, 2009, by 

the Ajinomoto Co. Inc., Sweetener 

Department 15–1, Kyobashi 1-chome, 

Chuo-ku, Tokyo 104–8315, Japan. The 

Director of the Office of the Federal 

Register approves this incorporation by 

reference in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Copies are 

available from the Office of Food 

Additive Safety (HFS–200), Center for 

Food Safety and Applied Nutrition, 

5100 Paint Branch Pkwy., College Park, 

MD 20740. Copies may be examined at 

the Food and Drug Administration’s 

Main Library, 10903 New Hampshire 

Ave., Bldg. 2, Third Floor, Silver Spring, 

MD 20993, 301–796–2039, or 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/federalregister/cfr/ibr-locations.html. 

(1) Assay for advantame, not less than 

97.0 percent and not more than 102.0 

percent on a dry basis. 

(2) Free N-[N-[3-(3-hydroxy-4- 

methoxyphenyl)propyl]-a-aspartyl]-Lphenylalanine, not more than 1.0 

percent. 

(3) Total other related substances, not 

more than 1.5 percent. 

(4) Lead, not more than 1.0 milligram 

per kilogram. 

(5) Water, not more than 5.0 percent. 

(6) Residue on ignition, not more than 

0.2 percent. 

(7) Specific rotation, determined at 

20 °C [a]D: ¥45.0 to ¥38.0° calculated 

on a dry basis. 

(c) The food additive advantame may 

be safely used as a sweetening agent and 

flavor enhancer in foods generally, 

except in meat and poultry, in 

accordance with current good 

manufacturing practice, in an amount 

not to exceed that reasonably required 

to achieve the intended technical effect, 

in foods for which standards of identity 

established under section 401 of the 

Federal Food, Drug, and Cosmetic Act 

do not preclude such use. 

(d) If the food containing the additive 

purports to be or is represented to be for 

special dietary use, it must be labeled in 

compliance with part 105 of this 

chapter. 

Dated: May 15, 2014. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2014–11584 Filed 5–19–14; 11:15 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[DOD–2012–OS–0105] 

RIN 0720–AB58 

32 CFR Part 199 

TRICARE Revision to CHAMPUS DRGBased Payment System, Pricing of 

Hospital Claims 

AGENCY: Office of the Secretary, 

Department of Defense. 

ACTION: Final rule. 

SUMMARY: This Final rule changes 

TRICARE’s current regulatory provision 

for inpatient hospital claims priced 

under the DRG-based payment system. 

Claims are currently priced by using the 

rates and weights that are in effect on a 

beneficiary’s date of admission. This 

Final rule changes that provision to 

price such claims by using the rates and 

weights that are in effect on a 

beneficiary’s date of discharge. 

DATES: 

Effective Date: This Final rule is 

effective June 20, 2014. 

Applicability Date: This rule applies 

to claims with a discharge date of 

October 1, 2014, or later from hospitals 

paid by TRICARE under the Inpatient 

Prospective Payment System/DiagnosisRelated Groups-based payment system. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amber Butterfield, TRICARE 

Management Activity, Medical Benefits 

and Reimbursement Office, telephone 

(303) 676–3565. 

SUPPLEMENTARY INFORMATION: 

I. Dates 

The effective date above is the date 

that the policies herein take effect and 

are considered to be officially adopted. 

The applicability date, which is 

different than the effective date, is the 

date on which the policies adopted in 

this rule shall apply to claims from 

hospitals paid by TRICARE under the 

Inpatient Prospective Payment System/ 

Diagnosis-Related Groups-based 

payment system, and must be 

implemented. 

II. Executive Summary and Overview 

A. Purpose of the Final Rule 

1. Need for the Regulatory Action 

This Final rule amends the TRICARE/ 

CHAMPUS regulatory provision (32 

CFR 199.14(a)(1)(i)(C)(3)) of pricing 

inpatient hospital claims that are 

reimbursed under the DRG-based 

payment system from the beneficiary’s 

date of admission, to pricing such 


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29086 Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Rules and Regulations 

claims based on the beneficiary’s date of 

discharge. 

The TRICARE/CHAMPUS DRG-based 

payment system applies to acute care 

hospitals, unless such hospital is 

exempt by regulation from the payment 

system. Under the TRICARE DRG-based 

payment system, payment for the 

operating costs of inpatient hospital 

services subject to the payment system 

is made on the basis of prospectively 

determined rates. 

The TRICARE DRG-based payment 

system is modeled on the Medicare 

Inpatient Prospective Payment System 

(IPPS). Although many of the 

procedures in the TRICARE DRG-based 

payment system are similar or identical 

to the procedures in the Medicare IPPS, 

the actual payment amounts, DRG 

weights, and certain procedures are 

different. This is necessary because of 

the differences in the two programs, 

especially in the beneficiary population. 

Since the inception of the TRICARE 

DRG-based payment system in 1987, 

claims have been priced after the 

beneficiary’s discharge by the hospital, 

but using the weights and rates that 

were in effect on the beneficiary’s date 

of admission. That is, claims submitted 

for the beneficiary’s inpatient stay have 

been grouped to a specific DRG, and the 

pricing (e.g., payment rate) has been 

determined by using the weights and 

rates that were in effect on the date of 

the beneficiary’s admission to the 

hospital. 

B. Summary of the Major Provisions of 

the Final Rule 

The major provision of this rule is to 

revise TRICARE’s regulation on the 

pricing of claims paid under the DRGbased payment system. Claims are 

currently priced by using the rates and 

weights that are in effect on a 

beneficiary’s date of admission. This 

rule changes that provision to price 

such claims by using the rates and 

weights that are in effect on a 

beneficiary’s date of discharge. The 

change shall apply to claims with a 

discharge date of October 1, 2014, or 

later from hospitals paid by TRICARE 

under the Inpatient Prospective 

Payment System/Diagnosis-Related 

Groups-based payment system. 

C. Costs and Benefits 

The benefits of this change include 

aligning TRICARE pricing of hospital 

claims practices with industry standards 

utilized by Medicare and other payers 

and thereby increasing standardization 

of claims administration and other 

claims related processes for contractors 

who adjudicate claims. 

There are known costs associated 

with this change. On May 27, 2011, 

Kennell and Associates completed an 

Independent Government Cost Estimate 

(‘‘May 27, 2011, IGCE’’) analyzing the 

costs associated with the shift of pricing 

DRG claims from the date of admission 

to the date of discharge. The May 27, 

2011, IGCE, identified three known 

costs. 

1. One time information technology 

costs associated with changes to 

Managed Care Support Contractors’ 

claims processing systems and one time 

administrative costs associated with the 

review change order and the assessment 

of the impact on Claims Operations, 

Customer Service, Provider 

Administration, and Contracts 

Maintenance. The total one time 

information technology and 

administrative costs for North, South, 

West and TDEFIC Managed Care 

Support Contractors’ combined is 

estimated at $88,208. 

2. An annual cost of reprocessing 

interim claims of $2,500. 

3. An increase in health care costs to 

account for using the weights and rates 

in place on the date of discharge. The 

May 27, 2011, IGCE, using 2009 claims 

data, estimated about 1,200 inpatient 

claims will span fiscal years. 

Consequently, reimbursing using the 

updated weights and rates in place for 

the discharges in future fiscal years is 

expected to increase the payment for 

approximately 1,200 claims with an 

estimated additional cost of $500,000 

annually. 

4. Total costs for this change for Fiscal 

Year 2015 equal approximately 

$600,000. 

III. Background 

A. Statutory and Regulatory Overview 

Sections 1073 and 1079 of title 10, 

United States Code (U.S.C.), authorize 

the Secretary of Defense to administer 

the medical and dental benefits 

provided under chapter 55 of title 10, 

and contract for medical care for 

specified persons. These sections and 

other provisions of 10 U.S.C. chapter 55 

authorize promulgation of this Final 

rule. 

The August 31, 1988, Final rule [53 

FR 33461] (the ‘‘August 1988 Final 

rule’’) published in the Federal Register 

explains TRICARE’s current practice of 

utilizing the date of admission to price 

claims. Using the date of admission to 

price claims allowed hospitals to be 

reimbursed for inpatient services under 

the same payment methodology they 

expected to be used when the patient 

was admitted. Prior to implementation 

of the DRG-based payment system, the 

hospital could expect to be reimbursed 

at the billed charge rate, since that was 

the method TRICARE used to reimburse 

hospitals at that time. For patients 

admitted after implementation of the 

DRG-based payment system, the 

hospital could expect to be reimbursed 

using the DRG-based payment system. 

The August 1988 Final rule continues 

by stating that since certain services 

were previously excluded from the 

DRG-based system, but may have 

already involved an interim bill prior to 

the effective date of the August 1988 

Final rule, it would be administratively 

difficult and fiscally unfair to hospitals 

to attempt to reconcile the total 

payments with the DRG-based allowed 

amounts. As a result of the analysis at 

the time, the provision stated, ‘‘except 

for interim claims submitted for 

qualifying outlier cases, all claims 

reimbursed under the CHAMPUS DRGbased payment system are to be priced 

as of the date of admission, regardless 

of when the claim is submitted.’’ While 

there may have been a need to reference 

interim claims when the August 1988 

Final rule was written and as we 

transition from ‘‘billed’’ charges to the 

DRG-based payment method, that is no 

longer the case. Consequently, the 

interim claims reference has been 

deleted. 

B. Updating the Pricing Approach 

In the early stages of the DRG-based 

payment system, the approach of 

pricing claims based on the date of the 

beneficiary’s admission to the hospital 

was an effective operational policy for 

TRICARE. At the time TRICARE 

adopted the DRG-based payment 

system, it was the first prospective 

payment system of its kind. TRICARE 

decided to use the date of admission to 

price claims, allowing hospitals to be 

reimbursed for inpatient services under 

the same payment methodology they 

expected to be used when the patient 

was admitted. However, this is no 

longer the industry standard. 

Consequently, in order to be consistent 

with industry standards utilized by 

Medicare and other payers, TRICARE 

policy shall require all final claims to be 

priced based on the rates and weights 

that are in effect on a beneficiary’s date 

of discharge. 

While pricing using the date of 

discharge applies to all final claims, the 

change in approach will result in 

different pricing only for those 

relatively few claims that span fiscal 

years (FYs). That is, currently if an 

admission occurs on September 29 of a 

fiscal year (e.g., FY 2013) and the 

discharge occurs for example on 

October 2 of the subsequent fiscal year 


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Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Rules and Regulations 29087 

(e.g., FY2014) the payment rate is based 

upon the DRG rates and weights in 

effect on September 29, 2013, or the 

prior fiscal year (FY2013), rather than 

on October 2, 2013, (FY2014). On and 

after this rule’s applicability date, if an 

admission occurs for instance on 

September 29 of a fiscal year (e.g., 

FY2014) and the discharge occurs on 

October 1, 2014, or later (i.e., FY2015) 

the claim will be priced using the rates 

and weights in place on the date of 

discharge (e.g., FY2015). Please note 

that the rates and weights for the DRGbased payment system are updated 

every fiscal year and are based on the 

previous fiscal year’s TRICARE claims 

data. As a result, the applicability date 

of October 1, 2014, is established to 

coincide with the next annual payment 

system update. 

To improve consistency with other 

payers for health care services and 

reduce any administrative burden on 

providers, we are therefore changing our 

regulations to provide that all claims 

reimbursed on the DRG-based payment 

system will be priced as of the date of 

discharge starting with discharges dated 

October 1, 2014, or later. 

IV. Public Comments 

The proposed rule was published in 

the Federal Register (78 FR 10579– 

10581) on February 14, 2013, for a 60- 

day public comment period. We 

received one comment from one 

respondent. 

Comment: Billing and adjustments for 

a hospital stay are completed on the last 

day. 

Response: We interpret the 

commenter’s statement as 

acknowledging that billing and 

adjustments for a patient’s hospital stay 

are typically performed after the patient 

has been discharged. Consequently 

pricing an inpatient stay according to 

the weights and rates on the date of 

discharge is appropriate and desirable. 

We agree with the commenter’s 

statement. Beginning with discharges 

that occur on or after October 1, 2014, 

the pricing of TRICARE inpatient claims 

reimbursed under the DRG methodology 

will be based on the weights and rates 

that are in effect on the date of 

discharge. 

We will monitor discharge patterns 

and lengths of stay following this 

revision and may take additional 

regulatory action if we observe any 

unintended adverse consequences due 

to calculating payments for claims based 

on the rates and weights on the date of 

discharge as opposed to admission. 

V. Regulatory Procedures 

A. Overall Impact 

DoD has examined the impacts of this 

Final rule as required by Executive 

Orders (E.O.s) 12866 (September 1993, 

Regulatory Planning and Review) and 

13563 (January 18, 2011, Improving 

Regulation and Regulatory Review), the 

Regulatory Flexibility Act (RFA) 

(September 19, 1980, Pub. L. 96–354), 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4), and the Congressional 

Review Act (5 U.S.C. 804(2)). 

1. Executive Order 12866 and Executive 

Order 13563 

Section 801 of title 5, United States 

Code, and Executive Order (E.O.) 12866 

require certain regulatory assessments 

and procedures for any major rule or 

significant regulatory action, defined as 

one that would result in an annual effect 

of $100 million or more on the national 

economy or which would have other 

substantial impacts. E.O. 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. It has been 

certified that this rule is not 

economically significant, and has been 

reviewed by the Office of Management 

and Budget as required under the 

provisions of E.O. 12866 and E.O. 

13563. 

2. Congressional Review Act. 5 U.S.C. 

801 

Under the Congressional Review Act, 

a major rule may not take effect until at 

least 60 days after submission to 

Congress of a report regarding the rule. 

A major rule is one that would have an 

annual effect on the economy of $100 

million or more or have certain other 

impacts. This Final rule is not a major 

rule under the Congressional Review 

Act. 

3. Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (RFA) (5 U.S.C. 601) 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (RFA) (5 U.S.C. 601), 

requires that each Federal agency 

prepare a regulatory flexibility analysis 

when the agency issues a regulation 

which would have a significant impact 

on a substantial number of small 

entities. This Final rule is not an 

economically significant regulatory 

action, and it has been certified that it 

will not have a significant impact on a 

substantial number of small entities. 

Therefore, this Final rule is not subject 

to the requirements of the RFA. 

4. Public Law 104–4, Section 202, 

‘‘Unfunded Mandates Reform Act’’ 

Section 202 of Public Law 104–4, 

‘‘Unfunded Mandates Reform Act,’’ 

requires that an analysis be performed 

to determine whether any federal 

mandate may result in the expenditure 

by State, local and tribal governments, 

in the aggregate, or by the private sector 

of $100 million in any one year. It has 

been certified that this Final rule does 

not contain a Federal mandate that may 

result in the expenditure by State, local 

and tribal governments, in aggregate, or 

by the private sector, of $100 million or 

more in any one year, and thus this 

Final rule is not subject to this 

requirement. 

5. Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

This rule does not contain a 

‘‘collection of information’’ 

requirement, and will not impose 

additional information collection 

requirements on the public under Public 

Law 96–511, ‘‘Paperwork Reduction 

Act’’ (44 U.S.C. Chapter 35). 

6. Executive Order 13132, ‘‘Federalism’’ 

E.O. 13132, ‘‘Federalism,’’ requires 

that an impact analysis be performed to 

determine whether the rule has 

federalism implications that would have 

substantial direct effects 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. It has been 

certified that this Final rule does not 

have federalism implications, as set 

forth in E.O. 13132. 

List of Subjects in 32 CFR Part 199 

Claims, Dental health, Health care, 

Health insurance, Individuals with 

disabilities, Military personnel. 

Accordingly, 32 CFR part 199 is 

amended as follows: 

PART 199—[AMENDED] 

■ 1. The authority citation for part 199 

continues to read as follows: 

Authority: 5 U.S.C. 301; 10 U.S.C. chapter 

55. 

■ 2. Section 199.14 is amended by 

revising paragraph (a)(1)(i)(C)(3) to read 

as follows: 

§ 199.14 Provider reimbursement 

methods. 

(a) * * * 

(1) * * * 

(i) * * * 

(C) * * * 

(3) Pricing of claims. All final claims 

with discharge dates of September 30, 


emcdonald on DSK67QTVN1PROD with RULES
29088 Federal Register / Vol. 79, No. 98 / Wednesday, May 21, 2014 / Rules and Regulations 

2014, or earlier that are reimbursed 

under the CHAMPUS DRG-based 

payment system are to be priced as of 

the date of admission, regardless of 

when the claim is submitted. All final 

claims with discharge dates of October 

1, 2014, or later that are reimbursed 

under the CHAMPUS DRG-based 

payment system are to be priced as of 

the date of discharge. 

* * * * * 

Dated: May 12, 2014. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2014–11194 Filed 5–20–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2014–0250] 

RIN 1625–AA08 

Special Local Regulation; Jones Beach 

Air Show; Atlantic Ocean, Sloop 

Channel Through East Bay, and Zach’s 

Bay; Wantagh, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation on the navigable waters of the 

Atlantic Ocean, Sloop Channel through 

East Bay and Zach’s Bay near Jones 

Beach State Park in Wantagh, NY for the 

Jones Beach Air Show. This action is 

necessary to provide for the safety of life 

of event participants, spectators, and 

other waterway users during this event. 

The special local regulation will 

facilitate public notification of the event 

and provide protective measures for the 

maritime public and event participants 

from the hazards associated with the 

Jones Beach Air Show. Entering into, 

transiting through, remaining, or 

anchoring within these regulated areas 

would be prohibited unless authorized 

by the captain of the Port (COTP) Sector 

Long Island Sound. 

DATES: This rule is effective from May 

23, 2014 to May 25, 2014. 

This rule will be enforced from 9 a.m. 

to 3:30 p.m. on May 23, 2014, and from 

9 a.m. to 9 p.m. beginning May 24, 2014 

through May 25, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2014–0250]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

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 Petty Officer Scott Baumgartner, 

Prevention Department, Coast Guard 

Sector Long Island Sound, (203) 468– 

4559, Scott.A.Baumgartner@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Barbara Hairston, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

On May 24, 2013, the Coast Guard 

published a Final Rule, entitled, ‘‘Safety 

Zones and Special Local Regulations; 

Recurring Marine Events in Captain of 

the Port Long Island Sound Zone’’ in the 

Federal Register (78 FR 31402). This 

rulemaking established multiple safety 

zones and special local regulations 

throughout the Captain of the Port 

Sector Long Island Sound Zone 

including a safety zone for the Jones 

Beach Air Show. This final rule was 

preceded by a NPRM entitled, ‘‘Safety 

Zones and Special Local Regulations; 

Recurring Marine Events in Captain of 

the Port Long Island Sound Zone’’ that 

was published in the Federal Register 

(78 FR 20277). No public comments 

were received for this proposed 

rulemaking. There were no requests 

received for a public meeting and none 

were held. 

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 an 

NPRM would be impracticable. Since 

the Jones Beach Air Show is scheduled 

to take place over three days beginning 

May 23, 2014 through May 25, 2014, it 

is impracticable to draft, publish, and 

receive public comment on this 

rulemaking via an NPRM and still 

publish a final rule before the event is 

scheduled to take place. Delaying this 

rulemaking by waiting for a comment 

period to run would also reduce the 

Coast Guard’s ability to promote the 

safety of event participants and the 

maritime public during this event. 

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 for the same reasons stated 

above. 

B. Basis and Purpose 

The legal basis for this temporary rule 

is 33 U.S.C. 1233 and Department of 

Homeland Security Delegation No. 

0170.1 which collectively authorize the 

Coast Guard to define regulatory special 

local regulations. 

The Jones Beach Air Show will take 

place from May 23, 2014 through May 

25, 2014. The first day of the event, May 

23, 2014 the Jones Beach Air Show will 

not be open to the general public but 

aircraft involved in the event will be 

conducting practice runs over the 

Atlantic Ocean. On Saturday, May 24, 

2014 and Sunday, May 25, 2014 the Air 

Show will be open and operating from 

10 a.m. through 3 p.m. The event will 

involve numerous aircraft performing 

various aerial maneuvers. These aircraft 

and associated event participants will 

be operating at high speeds and/or in 

close proximity to other event 

participants and spectators. These aerial 

activities present multiple hazards, 

including those associated with in-flight 

accidents that could result in collision, 

fire, and debris fall-out. The Jones Beach 

Air show and these aerial activities 

attract thousands of spectators to Jones 

Beach State Park as well as a significant 

number of spectator vessels to the 

waters around Jones Beach State Park. 

The operation of these numerous 

spectator vessels in such close 

proximity to each other presents 

additional hazards to the maritime 

public beyond those associated with the 

aerial activities. 

During a review of the regulations 

currently published for the Jones Beach 

Air Show in Table 1 of 33 CFR 165.151 

the Coast Guard discovered that the 

positions marking the corners of the 

area regulated as a safety zone were 

published out of order and when 


emcdonald on DSK67QTVN1PROD with RULES