81_FR_75905 81 FR 75694 - Safety Zone; Delaware River, Philadelphia, PA

81 FR 75694 - Safety Zone; Delaware River, Philadelphia, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 211 (November 1, 2016)

Page Range75694-75695
FR Document2016-26342

The Coast Guard will enforce regulations for a safety zone for an annual fireworks event in the Captain of the Port Delaware Bay zone from 6 p.m. to 8 p.m. on November 19, 2016. Enforcement of this zone is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after this fireworks event. During the enforcement period, no vessel may transit this regulated area without approval from the Captain of the Port or a designated representative.

Federal Register, Volume 81 Issue 211 (Tuesday, November 1, 2016)
[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Rules and Regulations]
[Pages 75694-75695]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26342]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0936]


Safety Zone; Delaware River, Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard will enforce regulations for a safety zone for 
an annual fireworks event in the Captain of the Port Delaware Bay zone 
from 6 p.m. to 8 p.m. on November 19, 2016. Enforcement of this zone is 
necessary and intended to ensure safety of life on

[[Page 75695]]

the navigable waters immediately prior to, during, and immediately 
after this fireworks event. During the enforcement period, no vessel 
may transit this regulated area without approval from the Captain of 
the Port or a designated representative.

DATES: The regulations in 33 CFR 165.506 will be enforced from 6 p.m. 
to 8 p.m. on November 19, 2016, for the safety zone identified in row 
(a)(16) of Table to Sec.  165.506.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of enforcement, call or email MST1 Thomas Simkins, Sector 
Delaware Bay Waterways Management Division, U.S. Coast Guard; telephone 
215-271-4889, email [email protected].

SUPPLEMENTARY INFORMATION: 
    From 6 p.m. to 8 p.m. on November 19, 2016, the Coast Guard will 
enforce regulations in 33 CFR 165.506 for the safety zone in the 
Delaware River in Philadelphia, PA listed in row (a)(16) in the table 
in that section. This action is being taken to provide for the safety 
of life on navigable waterways during the fireworks display.
    Our regulations for recurring firework events in Captain of the 
Port Delaware Bay Zone, appear in Sec.  165.506, Safety Zones; 
Fireworks Displays in the Fifth Coast Guard District, which specifies 
the location of the regulated area for this safety zone as all waters 
of Delaware River, adjacent to Penn's Landing, Philadelphia, PA, 
bounded from shoreline to shoreline, bounded on the south by a line 
running east to west from points along the shoreline at latitude 
39[deg]56'31.2'' N., longitude 075[deg]08'28.1'' W.; thence to latitude 
39[deg]56'29'' .1 N., longitude 075[deg]07'56.5'' W., and bounded on 
the north by the Benjamin Franklin Bridge.
    As specified in Sec.  [thinsp]165.506, during the enforcement 
period no vessel may transit this safety zone without approval from the 
Captain of the Port Delaware Bay. If permission is granted, all persons 
and vessels shall comply with the instructions of the COTP or 
designated representative.
    This notice of enforcement is issued under authority of 33 CFR 
165.506 and 5 U.S.C. 552(a). In addition to this notice of enforcement 
in the Federal Register, the Coast Guard will provide the maritime 
community with advanced notification of this enforcement period via 
Broadcast Notice to Mariners (BNM).
    If the Captain of the Port Delaware Bay determines that the 
regulated area need not be enforced for the full duration, a BNM to 
grant general permission to enter the safety zone may be used.

    Dated: October 27, 2016.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2016-26342 Filed 10-31-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                75694            Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations

                                                public, submit the comment as a                         56469, September 18, 2015, or access                  SECG to explain the actions that a small
                                                written/paper submission and in the                     the information at: http://www.fda.gov/               entity must take to comply with the
                                                manner detailed (see ‘‘Written/Paper                    regulatoryinformation/dockets/                        rule.
                                                Submissions’’ and ‘‘Instructions’’).                    default.htm.                                            We are issuing the SECG consistent
                                                                                                           Docket: For access to the docket to                with our good guidance practices
                                                Written/Paper Submissions
                                                                                                        read background documents or the                      regulation (21 CFR 10.115(c)(2)). The
                                                   Submit written/paper submissions as                  electronic and written/paper comments                 SECG represents the current thinking of
                                                follows:                                                received, go to http://                               FDA on this topic. It does not establish
                                                   • Mail/Hand delivery/Courier (for                    www.regulations.gov and insert the                    any rights for any person and is not
                                                written/paper submissions): Division of                 docket number, found in brackets in the               binding on FDA or the public. You can
                                                Dockets Management (HFA–305), Food                      heading of this document, into the                    use an alternative approach if it satisfies
                                                and Drug Administration, 5630 Fishers                   ‘‘Search’’ box and follow the prompts                 the requirements of the applicable
                                                Lane, Rm. 1061, Rockville, MD 20852.                    and/or go to the Division of Dockets                  statutes and regulations.
                                                   • For written/paper comments                         Management, 5630 Fishers Lane, Rm.
                                                submitted to the Division of Dockets                                                                          II. Paperwork Reduction Act of 1995
                                                                                                        1061, Rockville, MD 20852.
                                                Management, FDA will post your                             Submit written requests for single                   This draft guidance refers to
                                                comment, as well as any attachments,                    copies of the SECG to the Policy and                  previously approved collections of
                                                except for information submitted,                       Regulations Staff (HFV–6), Center for                 information found in FDA regulations.
                                                marked and identified, as confidential,                 Veterinary Medicine, Food and Drug                    These collections of information are
                                                if submitted as detailed in                                                                                   subject to review by the Office of
                                                                                                        Administration, 7519 Standish Pl.,
                                                ‘‘Instructions.’’                                                                                             Management and Budget (OMB) under
                                                                                                        Rockville, MD 20855. Send two self-
                                                   Instructions: All submissions received
                                                                                                        addressed adhesive labels to assist that              the Paperwork Reduction Act of 1995
                                                must include the Docket No. FDA–
                                                                                                        office in processing your request. See                (44 U.S.C. 3501–3520). The collections
                                                2011–N–0922 for ‘‘What You Need to
                                                                                                        the SUPPLEMENTARY INFORMATION section                 of information in part 507 have been
                                                Know About the FDA Regulation:
                                                                                                        for electronic access to the SECG.                    approved under 0910–0789.
                                                Current Good Manufacturing Practice,
                                                Hazard Analysis, and Risk-Based                         FOR FURTHER INFORMATION CONTACT:                      III. Electronic Access
                                                Preventive Controls for Food for                        Jeanette Murphy, Center for Veterinary
                                                                                                        Medicine (HFV–200), Food and Drug                        Persons with access to the Internet
                                                Animals.’’ Received comments will be
                                                                                                        Administration, 7519 Standish Pl.,                    may obtain the SECG at http://
                                                placed in the docket and, except for
                                                                                                        Rockville, MD 20800, 240–402–6246.                    www.fda.gov/AnimalVeterinary/
                                                those submitted as ‘‘Confidential
                                                                                                                                                              GuidanceComplianceEnforcement/
                                                Submissions,’’ publicly viewable at                     SUPPLEMENTARY INFORMATION:
                                                                                                                                                              GuidanceforIndustry/default.htm,
                                                http://www.regulations.gov or at the
                                                                                                        I. Background                                         http://www.fda.gov/Food/
                                                Division of Dockets Management
                                                                                                           In the Federal Register of September               GuidanceRegulation/FSMA/
                                                between 9 a.m. and 4 p.m., Monday
                                                                                                        17, 2015 (80 FR 56170), we issued a                   ucm253380.htm, or http://
                                                through Friday.
                                                   • Confidential Submissions—To                        final rule entitled ‘‘Current Good                    www.regulations.gov. Use the FDA Web
                                                submit a comment with confidential                      Manufacturing Practice, Hazard                        site listed in the previous sentence to
                                                information that you do not wish to be                  Analysis, and Risk-Based Preventive                   find the most current version of the
                                                made publicly available, submit your                    Controls for Food for Animals’’ (the                  guidance.
                                                comments only as a written/paper                        final rule) in which we established                     Dated: October 26, 2016.
                                                submission. You should submit two                       requirements for facilities subject to                Leslie Kux,
                                                copies total. One copy will include the                 food registration to implement current                Associate Commissioner for Policy.
                                                information you claim to be confidential                good manufacturing practices and                      [FR Doc. 2016–26314 Filed 10–31–16; 8:45 am]
                                                with a heading or cover note that states                establish and implement hazard                        BILLING CODE 4164–01–P
                                                ‘‘THIS DOCUMENT CONTAINS                                analysis and risk-based preventive
                                                CONFIDENTIAL INFORMATION’’. The                         controls for food for animals. The final
                                                Agency will review this copy, including                 rule, which is codified at part 507 (21               DEPARTMENT OF HOMELAND
                                                the claimed confidential information, in                CFR part 507), became effective                       SECURITY
                                                its consideration of comments. The                      November 16, 2015 (except for
                                                second copy, which will have the                        paragraph (2) of the definition of                    Coast Guard
                                                claimed confidential information                        ‘‘qualified auditor’’ in § 507.3, and
                                                redacted/blacked out, will be available                 §§ 507.12(a)(1)(ii), 507.105(a)(2),                   33 CFR Part 165
                                                for public viewing and posted on http://                507.105(c), 507.110(d)(2)(ii), 507.130(d),
                                                www.regulations.gov. Submit both                        507.135(d), 507.175(c)(2), and                        [Docket No. USCG–2016–0936]
                                                copies to the Division of Dockets                       507.175(c)(13)) but has compliance
                                                                                                                                                              Safety Zone; Delaware River,
                                                Management. If you do not wish your                     dates staggered over several years after
                                                                                                                                                              Philadelphia, PA
                                                name and contact information to be                      publication of the final rule.
                                                made publicly available, you can                           We examined the economic                           AGENCY:  Coast Guard, DHS.
                                                provide this information on the cover                   implications of the final rule as required            ACTION: Notice of enforcement of
                                                sheet and not in the body of your                       by the Regulatory Flexibility Act (5                  regulation.
                                                comments and you must identify this                     U.S.C. 601–612) and determined that
jstallworth on DSK7TPTVN1PROD with RULES




                                                information as ‘‘confidential.’’ Any                    the final rule will have a significant                SUMMARY:   The Coast Guard will enforce
                                                information marked as ‘‘confidential’’                  economic impact on a substantial                      regulations for a safety zone for an
                                                will not be disclosed except in                         number of small entities. In compliance               annual fireworks event in the Captain of
                                                accordance with 21 CFR 10.20 and other                  with section 212 of the Small Business                the Port Delaware Bay zone from 6 p.m.
                                                applicable disclosure law. For more                     Regulatory Enforcement Fairness Act                   to 8 p.m. on November 19, 2016.
                                                information about FDA’s posting of                      (Pub. L. 104–121, as amended by Pub.                  Enforcement of this zone is necessary
                                                comments to public dockets, see 80 FR                   L. 110–28), we are making available the               and intended to ensure safety of life on


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                                                                 Federal Register / Vol. 81, No. 211 / Tuesday, November 1, 2016 / Rules and Regulations                                                   75695

                                                the navigable waters immediately prior                    Dated: October 27, 2016.                            FOR FURTHER INFORMATION CONTACT:
                                                to, during, and immediately after this                  Benjamin A. Cooper,                                   Sarang V. Damle, General Counsel and
                                                fireworks event. During the enforcement                 Captain, U.S. Coast Guard, Captain of the             Associate Register of Copyrights, by
                                                period, no vessel may transit this                      Port Delaware Bay.                                    email at sdam@loc.gov, or Jason E.
                                                regulated area without approval from                    [FR Doc. 2016–26342 Filed 10–31–16; 8:45 am]          Sloan, Attorney-Advisor, by email at
                                                the Captain of the Port or a designated                 BILLING CODE 9110–04–P                                jslo@loc.gov. Each can be contacted by
                                                representative.                                                                                               telephone by calling (202) 707–8350.
                                                DATES: The regulations in 33 CFR                                                                              SUPPLEMENTARY INFORMATION:
                                                165.506 will be enforced from 6 p.m. to
                                                8 p.m. on November 19, 2016, for the                    LIBRARY OF CONGRESS                                   I. Background
                                                safety zone identified in row (a)(16) of                                                                         In 1998, Congress enacted section 512
                                                                                                        U.S. Copyright Office
                                                Table to § 165.506.                                                                                           of title 17, United States Code, as part
                                                FOR FURTHER INFORMATION CONTACT: If                                                                           of the Digital Millennium Copyright Act
                                                                                                        37 CFR Part 201
                                                you have questions about this notice of                                                                       (‘‘DMCA’’).1 Among other things,
                                                enforcement, call or email MST1                         [Docket No. RM 2011–6]                                section 512 provides safe harbors from
                                                Thomas Simkins, Sector Delaware Bay                                                                           copyright infringement liability for
                                                Waterways Management Division, U.S.                     Designation of Agent To Receive                       online service providers that are
                                                Coast Guard; telephone 215–271–4889,                    Notification of Claimed Infringement                  engaged in specified activities and that
                                                email Tom.J.Simkins@uscg.mil.                                                                                 meet certain eligibility requirements.2 A
                                                                                                        AGENCY:  U.S. Copyright Office, Library               service provider seeking to avail itself of
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        of Congress.                                          the safe harbor in section 512(c) (for
                                                   From 6 p.m. to 8 p.m. on November
                                                19, 2016, the Coast Guard will enforce                  ACTION: Final rule.                                   storage of material at the direction of a
                                                regulations in 33 CFR 165.506 for the                                                                         user) is required to designate an agent
                                                                                                        SUMMARY:   Under the Digital Millennium               to receive notifications of claimed
                                                safety zone in the Delaware River in                    Copyright Act (‘‘DMCA’’), the U.S.
                                                Philadelphia, PA listed in row (a)(16) in                                                                     copyright infringement by making
                                                                                                        Copyright Office is required to maintain              contact information for the agent
                                                the table in that section. This action is               a ‘‘current directory’’ of agents that have
                                                being taken to provide for the safety of                                                                      available to the public on its Web site,
                                                                                                        been designated by online service                     and by providing such information to
                                                life on navigable waterways during the                  providers to receive notifications of
                                                fireworks display.                                                                                            the Copyright Office.3 The safe harbors
                                                                                                        claimed infringement. Since the                       in subsections 512(b) (for system
                                                   Our regulations for recurring firework               DMCA’s enactment in 1998, online
                                                events in Captain of the Port Delaware                                                                        caching) and (d) (for information
                                                                                                        service providers have designated                     location tools) incorporate the notice
                                                Bay Zone, appear in § 165.506, Safety                   agents with the Copyright Office using
                                                Zones; Fireworks Displays in the Fifth                                                                        provisions of section 512(c) and thus
                                                                                                        the Office’s or their own paper form,                 also require that notices of infringement
                                                Coast Guard District, which specifies                   and the Office has made scanned copies
                                                the location of the regulated area for this                                                                   be sent to ‘‘the designated agent of a
                                                                                                        these filings available to the public by              service provider’’ 4—that is, an agent
                                                safety zone as all waters of Delaware                   posting them on the Office’s Web site.
                                                River, adjacent to Penn’s Landing,                                                                            that has been designated by the service
                                                                                                        Although the DMCA requires service                    provider as described above.5
                                                Philadelphia, PA, bounded from                          providers to update their designations
                                                shoreline to shoreline, bounded on the                                                                           The language of section 512(c)(2)
                                                                                                        with the Office as information changes,               makes clear that a service provider must
                                                south by a line running east to west                    an examination of the Office’s current
                                                from points along the shoreline at                                                                            maintain the same contact information
                                                                                                        directory reveals that many have failed               required under section 512(c)(2)(A) and
                                                latitude 39°56′31.2″ N., longitude                      to do so, and that much of the
                                                075°08′28.1″ W.; thence to latitude                                                                           (B) both on its Web site and at the
                                                                                                        information currently contained in the                Copyright Office.6 A service provider
                                                39°56′29″ .1 N., longitude 075°07′56.5″                 directory has become inaccurate and out
                                                W., and bounded on the north by the                                                                           that fails to maintain current and
                                                                                                        of date. On September 28, 2011, the                   accurate information, both on its Web
                                                Benjamin Franklin Bridge.                               Office issued a notice of proposed
                                                   As specified in § 165.506, during the                                                                      site and with the Office, may not satisfy
                                                                                                        rulemaking to update relevant                         the statutory requirements necessary for
                                                enforcement period no vessel may
                                                                                                        regulations in anticipation of creating a
                                                transit this safety zone without approval
                                                                                                        new electronic system through which                     1 Public   Law 105–304, 112 Stat. 2860 (1998).
                                                from the Captain of the Port Delaware
                                                                                                        service providers would be able to more                 2 17   U.S.C. 512.
                                                Bay. If permission is granted, all persons
                                                                                                        efficiently submit, and the public would                 3 Id. at 512(c)(2).
                                                and vessels shall comply with the
                                                                                                        be better able to search for, designated                 4 Id. at 512(c)(3)(A).
                                                instructions of the COTP or designated
                                                                                                        agent information. On May 25, 2016,                      5 See id. at 512(b)(2)(E), (d)(3).
                                                representative.                                                                                                  6 63 FR 59233, 59234 (Nov. 3, 1998) (‘‘[A] service
                                                                                                        with the electronic system in its final
                                                   This notice of enforcement is issued                                                                       provider designates an agent by providing
                                                                                                        stages of development, the Office issued
                                                under authority of 33 CFR 165.506 and                                                                         information required by Copyright Office
                                                                                                        a notice of proposed rulemaking                       regulations both on its publicly available Web site
                                                5 U.S.C. 552(a). In addition to this
                                                                                                        proposing significantly lower fees for                and in a filing with the Copyright Office.’’); see also
                                                notice of enforcement in the Federal                                                                          BWP Media USA Inc. v. Hollywood Fan Sites LLC,
                                                                                                        designating agents through the
                                                Register, the Coast Guard will provide                                                                        115 F. Supp. 3d 397, 403 (S.D.N.Y. 2015) (‘‘[T]he
                                                                                                        forthcoming online system. As the next
                                                the maritime community with advanced                                                                          statutory scheme expressly requires two publicly
                                                                                                        step in implementation, the Office today              available, parallel sources of a service provider’s
                                                notification of this enforcement period
                                                                                                        announces the adoption of a final rule
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                                                                              DMCA agent information (the service provider’s
                                                via Broadcast Notice to Mariners (BNM).                                                                       Web site and the [Copyright Office] directory) in
                                                   If the Captain of the Port Delaware                  to govern the designation and
                                                                                                                                                              order for that provider to be shielded by the § 512(c)
                                                Bay determines that the regulated area                  maintenance of DMCA agent                             safe harbor.’’); 4 Melville Nimmer & David Nimmer,
                                                need not be enforced for the full                       information under the new electronic                  Nimmer on Copyright 12B.04[B][3] (2015)
                                                duration, a BNM to grant general                        system and to establish the applicable                (‘‘Nimmer on Copyright’’) (‘‘In addition to
                                                                                                        fees.                                                 providing the foregoing information to the
                                                permission to enter the safety zone may                                                                       Copyright Office, the service provider must provide
                                                be used.                                                DATES:    Effective December 1, 2016.                 the same information to the public.’’).



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Document Created: 2016-11-01 02:36:22
Document Modified: 2016-11-01 02:36:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of enforcement of regulation.
DatesThe regulations in 33 CFR 165.506 will be enforced from 6 p.m. to 8 p.m. on November 19, 2016, for the safety zone identified in row (a)(16) of Table to Sec. 165.506.
ContactIf you have questions about this notice of enforcement, call or email MST1 Thomas Simkins, Sector Delaware Bay Waterways Management Division, U.S. Coast Guard; telephone 215-271-4889, email [email protected]
FR Citation81 FR 75694 

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