35130 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations

chicks for control of early mortality

associated with E. coli organisms

susceptible to ceftiofur, and (2) use in a

new species, day-old turkey poults, for

the revised indication. According to 21

CFR 556.113 a tolerance for ceftiofur

residues in edible tissues derived from

treated poultry is not needed. The

supplemental NADA is approved as of

May 21, 1996, and the regulations are

amended in 21 CFR 522.313(d) to reflect

the approval. The basis for approval is

discussed in the freedom of information

summary.

In accordance with the freedom of

information provisions of part 20 (21

CFR part 20) and § 514.11(e)(2)(ii) (21

CFR 514.11(e)(2)(ii)), a summary of

safety and effectiveness data and

information submitted to support

approval of this application may be seen

in the Dockets Management Branch

(HFA–305), Food and Drug

Administration, 12420 Parklawn Dr.,

rm. 1–23, Rockville, MD 20857, between

9 a.m. and 4 p.m., Monday through

Friday.

Under section 512(c)(2)(F)(iii) of the

Federal Food, Drug, and Cosmetic Act

(21 U.S.C. 360b(c)(2)(F)(iii)), approval

for use in turkeys qualifies for 3 years

of marketing exclusivity beginning May

21, 1996, because the application

contains reports of new clinical or field

investigations (other than

bioequivalence or residue studies) or

human food safety studies (other than

bioequivalence or residue studies)

essential to the approval and conducted

or sponsored by the applicant.

The agency has carefully considered

the potential environmental effects of

this action. FDA has concluded that the

action will not have a significant impact

on the human environment, and that an

environmental impact statement is not

required. The agency’s finding of no

significant impact and the evidence

supporting that finding, contained in an

environmental assessment, may be seen

in the Dockets Management Branch

(address above) between 9 a.m. and 4

p.m., Monday through Friday.

List of Subjects in 21 CFR Part 522

Animal drugs.

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 part 522 is amended as follows:

PART 522—IMPLANTATION OR

INJECTABLE DOSAGE FORM NEW

ANIMAL DRUGS

1. The authority citation for 21 CFR

part 522 continues to read as follows:

Authority: Sec. 512 of the Federal Food,

Drug, and Cosmetic Act (21 U.S.C. 360b).

2. Section 522.313 is amended by

revising paragraph (d)(3)(ii), by

redesignating paragraphs (d)(4) and

(d)(5) as paragraphs (d)(5) and (d)(6),

respectively, and by adding new

paragraph (d)(4) to read as follows:

§ 522.313 Ceftiofur sterile powder for

injection.

* * * * *

(d) * * *

(3) * * *

(ii) Indications for use. For control of

early mortality associated with

Escherichia coli organisms susceptible

to ceftiofur.

* * * * *

(4) Day-old turkey poults—(i)

Amount. 0.17 to 0.5 milligram per poult.

(ii) Indications for use. For control of

early mortality associated with E. coli

organisms susceptible to ceftiofur.

(iii) Limitations. For subcutaneous use

in the neck of day-old poults only. As

a single dose only. Federal law restricts

this drug to use by or on the order of

a licensed veterinarian.

* * * * *

Dated: June 14, 1996.

Stephen F. Sundlof,

Director, Center for Veterinary Medicine.

[FR Doc. 96–17103 Filed 7–3–96; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–96–041]

RIN 2115–AA97

Safety Zone: Macy’s 1996 Fourth of

July Fireworks, East River, New York

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the annual Macy’s Fourth of July

Fireworks program in New York Harbor.

The event will take place on Thursday,

July 4, 1996, from 7:30 p.m. until 11

p.m. on the East River. This safety zone

temporarily closes a major portion of the

East River to vessel transits.

EFFECTIVE DATE: This rule is effective

from 7:30 p.m. until 11 p.m. on July 4,

1996, unless extended or terminated

sooner by the Captain of the Port New

York.

FOR FURTHER INFORMATION CONTACT:

Lieutenant J. W. Green, Chief,

Waterways Oversight Branch,

Waterways Management Division, Coast

Guard Activities New York (212) 668–

7906.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of

proposed rulemaking (NPRM) was not

published for this regulation. Good

cause exists for not publishing an NPRM

and for making this regulation effective

less than 30 days after Federal Register

publication. Due to the date complete

information regarding this event was

received, there was insufficient time to

draft and publish an NPRM. Any delay

encountered in this regulation’s

effective date would be contrary to

public interest since immediate action is

needed protect the maritime public from

the hazards associated with large

amounts of fireworks exploding from

four separate barge locations in the

waters of the East River.

Background and Purpose

Macy’s has submitted an Application

for Approval of Marine Event to hold a

fireworks program on the waters of the

East River. This regulation establishes a

temporary safety zone in the waters of

the East River. The safety zone includes

all waters of the East River, shore to

shore, north of a line drawn from the

foot of East 10th Street, Manhattan, east

through the chartered position of Buoy

18 (LLNR 27335) to the foot of North 8th

Street, Brooklyn, New York, and south

of a line drawn from Lawrence Point

(40°47′27′′N latitude 073°54′35′′W

longitude) to Stony Point (40°47′48′′N

latitude 073°54′42′′W longitude), and

south of the Harlem River Foot Bridge,

New York. This safety zone area also

includes all waters of Newtown Creek

west of the 073°57′37′′W line of

longitude and all waters inward of the

pierheads and bulkheads between the

Queensboro Bridge, Roosevelt Island,

and the southern boundary of this safety

zone. No vessel may enter the safety

zone without permission of the Captain

of the Port New York. Certain

designated vessels will be allowed to

take position within the zone as follows:

(1) vessels less than 20 meters (65.6 feet)

in length, carrying persons for the sole

purpose of viewing the fireworks may

take position north of the southern tip

of Roosevelt Island; and (2) vessels

equal to or greater than 20 meters (65.6

feet) in length, carrying persons for the

sole purpose of viewing the fireworks

display, may take position in an area at

least 300 yards off the bulkhead on the

west bank and just off the pierhead faces

on the east bank of the East River
Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations 35131

between a line drawn from East 15th

Street, Manhattan, to a point due east on

the Brooklyn shore north of the entrance

to Bushwick Inlet and a line drawn from

the foot of East 10th Street, Manhattan,

east through the chartered position of

Buoy 18 (LLNR 27335) to the foot of

North 8th Street, Brooklyn.

All vessels must be in their respective

viewing areas not later than 7:30 p.m.

These vessels once in position within

the zone must remain in position until

released by the Captain of the Port New

York. On scene patrol personnel will

monitor the number of designated

vessels taking position in the viewing

areas of the zone. If it becomes apparent

that any additional spectator vessels in

a specific viewing area will create a

safety hazard, the patrol commander

may prevent additional vessels from

entering into that viewing area.

Vessels not complying with this

criteria have a significant potential to

create a hazardous condition in this area

of the East River, due in great part, to

the extremely strong currents.

This safety zone covers the minimum

area needed and imposes the minimum

restrictions necessary to ensure the

protection of all vessels and the

fireworks handlers aboard the barges.

Regulatory Evaluation

This proposal is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

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

order. It has been exempted from review

by the Office of Management and

Budget under that order. It is not

significant under the regulatory policies

and procedures of the Department of

Transportation (DOT) (44 FR 11040;

February 26, 1979). The Coast Guard

expects the economic impact of this

proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of DOT is unnecessary. This

proposed safety zone temporarily closes

a major portion of the East River to

vessel traffic. There is a regular flow of

traffic through this area; however, due

to the limited duration of the event; the

extensive, advance advisories that will

be made to allow the maritime

community to schedule transits before

and after the event; the fact that the

event is taking place at a late hour on

a Federal holiday, and that vessel traffic

is expected to be somewhat reduced due

to this Federal holiday falling on a

weekday not immediately proceeding or

following a weekend, the impact of this

regulation is expected to be minimal.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

Section 3 of the Small Business Act (15

U.S.C. 632).

For reasons set forth in the above

Regulatory Evaluation, the Coast Guard

expects the impact of this proposal to be

minimal. The Coast Guard certifies

under 5 U.S.C. 605(b) that this proposal

will not have a significant economic

impact on a substantial number of small

entities.

Therefore, the Coast Guard finds that

this rule will not have a significant

economic impact on a substantial

number of small entities. If, however,

you think that your business or

organization qualifies as a small entity

and that this rule will have significant

economic impact on your business or

organization, please submit a comment

explaining why you think it qualifies

and in what way and to what degree this

rule will economically affect it.

Collection of Information

This proposal contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501).

Federalism

The Coast Guard has analyzed this

action in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this proposal does not raise sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that under section

2.B.2.e. of Commandant Instruction

M16475.1B, revised 59 FR 38654, July

29, 1994, the promulgation of this

regulation is categorically excluded

from further environmental

documentation. A Categorical Exclusion

Determination and Environmental

Analysis Checklist are included in the

docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Vessels, Waterways.

Regulation

For reasons set out in the preamble,

the Coast Guard amends 33 CFR Part

165 as follows:

PART 165—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. A temporary section, 165.T01–041

is added to read as follows:

§ 165.T01–041 Safety Zone: Macy’s 1996

Fourth of July Fireworks, East River, New

York.

(a) Location. The safety zone includes

all waters of the East River, shore to

shore, north of a line drawn from the

foot of East 10th Street, Manhattan, east

through the charted position of Buoy 18

(LLNR 27335) to the foot of North 8th

Street, Brooklyn, and south of a line

drawn from Lawrence Point

(40°47′27′′N latitude 073°54′35′′W

longitude) to Stony Point (40°47′48′′N

latitude 073°54′42′′W longitude), and

south of the Harlem River Foot Bridge,

New York. This safety zone area also

includes all waters of Newtown Creek

west of the 073°57′37′′W line of

longitude and all waters inward of the

pierheads and bulkheads between the

Queensboro Bridge, Roosevelt Island

and the southern boundaries of this

safety zone.

(b) Effective period. This section is

effective from 7:30 p.m. until 11 p.m. on

July 4, 1996, unless extended or

terminated sooner by the Captain of the

Port New York.

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply to this safety zone.

(2) No vessels will be allowed to enter

the safety zone without permission of

the Captain of the Port New York.

(3) The following vessels may remain

within the safety zone:

(i) Vessels less than 20 meters (65.6

feet) in length, carrying persons for the

sole purpose of viewing the fireworks

display may take position within the

zone north of the southern tip of

Roosevelt Island.

(ii) Vessels greater than 20 meters

(65.6 feet) in length, carrying persons for

the sole purpose of viewing the

fireworks display may take position

within an area at least 300 yards off the

bulkhead on the west bank and just off

the pierhead faces on the east bank of

the East River between a line drawn

from the foot of 15th Street, Manhattan,

to a point due east on the Brooklyn

shore north of the entrance to Bushwick

Inlet and a line drawn from the foot of
35132 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations

East 10th Street, Manhattan, east

through the charter position of Buoy 18

(LLNR 27335) to the foot of North 8th

Street, Brooklyn.

(iii) Vessels taking position within the

safety zone in either of these viewing

areas must be in their respective

viewing area not later than 7:30 p.m.

(4) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on scene patrol personnel.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator of a vessel

shall proceed as directed.

Dated: June 20, 1996.

T.H. Gilmour,

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

Port of New York.

[FR Doc. 96–16894 Filed 7–3–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD 05–96–045]

RIN 2115–AA97

Safety Zone Regulations: Delaware

Bay, Delaware River

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

SUMMARY: The Coast Guard is

establishing a safety zone on the

Delaware Bay and Delaware River from

Marcus Hook, Pennsylvania, to the

Delaware Breakwater. This safety zone

is needed to protect vessels, the port

community and the environment from

potential safety and environmental

hazards associated with the loading and

outbound transit of the T/V EMSGAS.

EFFECTIVE DATES: This rule is effective

from 11:59 p.m. June 23, 1996, and

terminates at 11:59 p.m. July 5, 1996.

The Captain of the Port, Philadelphia,

may, at an earlier date, advise mariners

by Broadcast Notice to Mariners that the

safety zone will not be enforced.

FOR FURTHER INFORMATION CONTACT:

LTJG S.J. Kelly, Project Officer at the

Captain of the Port, Philadelphia, (215)

271–4909.

SUPPLEMENTARY INFORMATION: In

accordance with 5 U.S.C. 553, a notice

of proposed rulemaking (NPRM) was

not published for this regulation and

good cause exists for making it effective

in less than 30 days after Federal

Register publication. The Coast Guard

was informed by the owner/operator of

the T/V EMSGAS on June 19, 1996 of

the intended transit of the T/V EMSGAS

along the Delaware River. Publishing a

NPRM and delaying its effective date

would be contrary to the public interest,

since immediate action is needed to

respond to protect the environment and

vessel traffic against potential hazards

associated with the transit of the T/V

EMSGAS while it is loaded with

liquefied petroleum gas.

Drafting Information

The drafters of this regulation are

LTJG Scott J. Kelly, project officer for

the Captain of the Port, Philadelphia,

and CDR T. Cahill, project Attorney,

Maintenance and Logistics Command

Atlantic, Legal Division.

Discussion of the Regulation

This safety zone includes a specified

area around the vessel during cargo

operations and while underway

outbound. It will be in effect during the

T/V EMSGAS’s transit of the Delaware

River and Delaware Bay and during

cargo operations at the Sun Refining and

Marketing Refinery terminal on the

Delaware River, at Marcus Hook,

Pennsylvania. The circumstances

requiring this regulation are the

potential hazards associated with the

transportation of liquefied petroleum

gas by a large tankship in heavily

trafficked areas of the Delaware River

and Delaware Bay as well as in the Ports

of Philadelphia. The transit consists of

T/V EMSGAS’s outbound transit on the

Delaware River and the Delaware Bay

between the vessel’s berth at the Sun

Refining and Marketing Refinery

terminal on the Delaware River, at

Marcus Hook, Pennsylvania and the

Delaware Breakwater. Coast Guard

Captain of the Port Philadelphia may

impose transit restrictions on vessels

operating within the safety zone while

the T/V EMSGAS is loaded with LPG

that exceeds 2% of the vessel’s cargo

carrying capacity.

Regulatory Evaluation

This temporary rule is not a

significant regulatory action under

section3(f) of Executive Order 12866

and does not require an assessment of

potential costs and benefits under

section 6(a)(3) of that order. It has been

exempted from review by the Office of

Management and Budget under that

order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this temporary rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary.

Environment

The Coast Guard considered the

environmental impact of this temporary

rule and concluded that under section

2.B.2.e (34) of Commandant Instruction

M16475.1B (as revised by 49 FR 38654;

July 29, 1994), this rule is categorically

excluded from further environmental

documentation.

Collection of Information

This proposal contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism Assessment

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

it does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

List of Subjects in 33 CFR Part 165

Harbors, Marine Safety, Navigation

(water), Reporting and Record Keeping

Requirements, Security measures,

Waterways.

Regulation

In consideration of the foregoing,

Subpart C of Part 165 of Title 33, Code

of Federal Regulations, is amended as

follows:

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. Section 165.T05–045 is added to

read as follows:

§ 165.T05–045 Safety Zone: Delaware Bay,

Delaware River

(a) Location. A safety zone is

established for:

(1) All waters within an area which

extends 500 yards on either side and

1,000 yards ahead and astern of the T/

V EMSGAS while the vessel is in the

loaded condition and underway in the

area bounded by the Delaware

Breakwater and the Sun Refining and

Marketing Refinery terminal on the

Delaware River, at Marcus Hook,

Pennsylvania.

(2) All waters within a 200 yard

radius of the T/V EMSGAS while it is

moored at the Sun Refining and

Marketing Refinery terminal.

(b) No vessel may enter the safety

zone unless its operator obtains

permission of the Captain of the Port or

his designated representative.