81 FR 39184 - Special Local Regulation; Cumberland River, Mile 190.5 to 194.0; Nashville, TN
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 116 (June 16, 2016)
Coast Guard
Federal Register Volume 81, Issue 116 (June 16, 2016)
| Page Range | 39184-39187 | |
| FR Document | 2016-14276 |
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)] [Rules and Regulations] [Pages 39184-39187] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14276] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2016-0322] RIN 1625-AA08 Special Local Regulation; Cumberland River, Mile 190.5 to 194.0; Nashville, TN AGENCY: Coast Guard, DHS. ACTION: Temporary final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a special local regulation for all waters of the Cumberland River beginning at mile marker 190.5 and ending at mile marker 194.0. This special local regulation is necessary to [[Page 39185]] provide safety for the participants in the ``Thunder on the Cumberland'' marine event. This rulemaking restricts transits into, through and within the regulated area unless authorized by the Captain of the Port Ohio Valley or a designated representative. We invite your comments on this rulemaking to assess for future and events and similar rulemakings. DATES: This rule is effective from 9 a.m. on June 17, 2016 through 6 p.m. on June 19, 2016. Comments and related material must be received by the Coast Guard on or before July 18, 2016. ADDRESSES: You may submit comments identified by docket number USCG- 2016-0322 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer Ashley Schad, MSD Nashville, Nashville, TN, at 615-736-5421 or at [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History Fairchild Racing is conducting power boat races daily beginning on June 17, 2016 through June 19, 2016. The Coast Guard is issuing this temporary 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 the scheduled race event, consisting of various sized power vessels with at least 50 participants on the Cumberland River, presents potential navigational safety hazards. The Captain of the Port Ohio Valley (COTP) was notified of this event earlier this year and upon receiving and understanding all the details of the racing event, determined that additional safety measures are necessary to protect participants, spectators, and waterway users during this event. It is impracticable to publish an NPRM because we must establish this special local regulation by June 17, 2016. This rule provides for a comment period and comments received will be reviewed and analyzed to assist the Coast Guard in future rulemakings establishing similar regulatory requirements. The Coast Guard will notify the public and maritime community that this special local regulation will be in effect and of its enforcement periods via broadcast notices to mariners (BNM). We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to public interest because immediate action is needed to establish a special local regulation to protect participants and spectators during the ``Thunder on the Cumberland'' racing event beginning on June 17, 2016. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1233. The Captain of the Port Ohio Valley (COTP) has determined that potential safety hazards associated with a speed-boat race on a navigable waterway present safety concerns for participants, spectators, and other person and vessels on the waterway. This rule is needed to protect personnel, vessels, and these navigable waters before, during, and after the scheduled racing event. IV. Discussion of the Rule This rule establishes a special local regulation which will be enforced from 9 a.m. to 11 a.m. and 12 p.m. to 6 p.m. daily from June 17, 2016 through June 19, 2016, for all waters of the Cumberland River beginning at mile marker 190.5 and ending at mile marker 194.0. The duration of the special local regulation is intended to ensure the safety of vessels, participants, spectators and other waterway users before, during, and after the scheduled event. No vessel or person would be permitted to enter the regulated area without obtaining permission from the COTP or a designated representative. The regulatory text for this rule appears at the end of this document. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive order related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, duration, and time-of-day of the special local regulation. This special local regulation restricts transit on the Cumberland River from mile 190.5 to mile 194.0, for 8 hours a day for three days in June; Broadcast Notices to Mariners and Local Notices to Mariners will inform the community of this special local regulation and any changes in the planned scheduled so that they may plan accordingly for transits during this short restriction. Vessel traffic may request permission from the COTP Ohio Valley or a designated representative to enter the restricted area. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the special local regulated area may be small entities, for the reasons stated in section V.A above this rule would not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule [[Page 39186]] would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves special local regulated area that would prohibit entry to unauthorized vessels. It is categorically excluded from further review under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. VI. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of future regulations and rulemakings. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this TFR as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS 0 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233 0 2. Add Sec. 100.35T08-0322 to read as follows: Sec. 100.35T08-0322 Special Local Regulation; Cumberland River Mile 190.5 to 194.0, Nashville, TN. (a) Regulated area. All waters of the Cumberland River beginning at mile marker 190.5 and ending at mile marker 194.0 at Nashville, TN. (b) Periods of enforcement. This rule will be enforced from 9 a.m. to 11 a.m. and from 12 p.m. to 6 p.m. daily June 17, 2016 through June 19, 2016. (c) Regulations. (1) Entry into or transit through this area is prohibited unless authorized by the Captain of the Port Ohio Valley or a designated representative. (2) Persons or vessels requiring entry into or passage through the area must request permission from the Captain of the Port Ohio Valley or a designated representative. U.S. Coast Guard Sector Ohio Valley may be contacted on VHF Channel 13 or 16, or at 1-800-253-7465. (d) Informational broadcasts. The Captain of the Port Ohio Valley or a designated representative will inform [[Page 39187]] the public through broadcast notices to mariners of the enforcement period for this special local regulation as well as any changes in the dates and times of enforcement. Dated: May 26, 2016. R. V. Timme, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley. [FR Doc. 2016-14276 Filed 6-15-16; 8:45 am] BILLING CODE 9110-04-P
![39184 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations
Written/Paper Submissions electronic and written/paper comments 16, 2003, and May 3, 2004, respectively.
Submit written/paper submissions as received, go to http:// Both editions were issued as Level 1
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• Mail/Hand delivery/Courier (for docket number, found in brackets in the 10.115. Consistent with FDA’s good
written/paper submissions): Division of heading of this document, into the guidance practices regulations (21 CFR
Dockets Management (HFA–305), Food ‘‘Search’’ box and follow the prompts 10.115(g)(2)), the Agency accepted
and Drug Administration, 5630 Fishers and/or go to the Division of Dockets comments, but implemented the
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• For written/paper comments 1061, Rockville, MD 20852. determined that prior public
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copies of the guidance to the Office of appropriate.
Management, FDA will post your
Regulatory Affairs, Office of Food and In the Federal Register of March 31,
comment, as well as any attachments,
Feed Operations, Food and Drug 2014 (79 FR 17947), we made available
except for information submitted,
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if submitted as detailed in
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‘‘Instructions.’’
assist that office in processing your Answers (Edition 3)’’ and gave
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request. See the SUPPLEMENTARY interested parties an opportunity to
must include the Docket No. FDA–
INFORMATION section for electronic submit comments by May 30, 2014, for
2011–N–0179 for ‘‘Prior Notice of
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between 9 a.m. and 4 p.m., Monday
through Friday. SUPPLEMENTARY INFORMATION:
II. Electronic Access
• Confidential Submissions—To I. Background Persons with access to the Internet
submit a comment with confidential
FDA is announcing the availability of may obtain the guidance at either http://
information that you do not wish to be
a guidance for industry entitled ‘‘Prior www.fda.gov/Food/Guidance
made publicly available, submit your
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comments only as a written/paper
Answers (Edition 3): Guidance for RegulatoryInformation/default.htm or
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copies total. One copy will include the consistent with our good guidance FDA Web site listed in the previous
information you claim to be confidential practices regulation (21 CFR 10.115). sentence to find the most current
with a heading or cover note that states The guidance represents the current version of the guidance.
‘‘THIS DOCUMENT CONTAINS thinking of FDA on this topic. It does
CONFIDENTIAL INFORMATION.’’ The Dated: June 10, 2016.
not establish any rights for any person
Agency will review this copy, including Leslie Kux,
and is not binding on FDA or on the
the claimed confidential information, in public. You can use an alternative Associate Commissioner for Policy.
its consideration of comments. The approach if it satisfies the requirements [FR Doc. 2016–14231 Filed 6–15–16; 8:45 am]
second copy, which will have the of the applicable statutes and BILLING CODE P
claimed confidential information regulations.
redacted/blacked out, will be available Since publication of edition two of
for public viewing and posted on http:// the guidance, FDA has issued a final DEPARTMENT OF HOMELAND
www.regulations.gov. Submit both rule requiring the submission to FDA of SECURITY
copies to the Division of Dockets prior notice of food, including animal
Management. If you do not wish your feed, imported or offered for import into Coast Guard
name and contact information to be the United States (November 7, 2008, 73
made publicly available, you can FR 66294) and, in accordance with 33 CFR Part 100
provide this information on the cover section 304 of FSMA, a final rule [Docket Number USCG–2016–0322]
sheet and not in the body of your requiring the name of any country to
comments and you must identify this which an article has been refused entry RIN 1625–AA08
information as ‘‘confidential.’’ Any be reported in prior notices (May 30,
information marked as ‘‘confidential’’ Special Local Regulation; Cumberland
2013, 78 FR 32359). FDA is issuing a
will not be disclosed except in third edition of its prior notice guidance River, Mile 190.5 to 194.0; Nashville, TN
accordance with 21 CFR 10.20 and other to address questions received since AGENCY:Coast Guard, DHS.
applicable disclosure law. For more publication of the second edition, Temporary final rule; request for
ACTION:
information about FDA’s posting of clarify previous responses, update comments.
jstallworth on DSK7TPTVN1PROD with RULES
comments to public dockets, see 80 FR previous responses as appropriate to
56469, September 18, 2015, or access reflect the 2008 final rule, and include SUMMARY: The Coast Guard is
the information at: http://www.fda.gov/ information about the new prior notice establishing a special local regulation
regulatoryinformation/dockets/ information requirement created by for all waters of the Cumberland River
default.htm. FSMA. beginning at mile marker 190.5 and
Docket: For access to the docket to FDA issued the first and second ending at mile marker 194.0. This
read background documents or the editions of this guidance on December special local regulation is necessary to
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![Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations 39187
the public through broadcast notices to DHS Department of Homeland Security publication in the Federal Register of
mariners of the enforcement period for FR Federal Register the upcoming recurring special local
this special local regulation as well as NPRM Notice of proposed rulemaking regulations.
any changes in the dates and times of § Section
U.S.C. United States Code IV. Discussion of Comments, Changes,
enforcement.
and the Rule
Dated: May 26, 2016. II. Background Information and
Regulatory History As noted above, we received
R. V. Timme,
information regarding three recurring
Captain, U.S. Coast Guard, Captain of the The Captain of the Port (COTP) Ohio events from the event sponsors during
Port Ohio Valley. Valley is establishing, amending, and the NPRM comment period. This
[FR Doc. 2016–14276 Filed 6–15–16; 8:45 am] updating its current list of recurring information requires changes to the
BILLING CODE 9110–04–P special local regulations codified under regulatory text of this rule from the
33 CFR 100.801 in Table no. 1, for the proposed rule in the NPRM. Those
COTP Ohio Valley zone. changes are as follows:
DEPARTMENT OF HOMELAND On January 25, 2016, the Coast Guard Change 1: The sponsor of the
SECURITY published a notice of proposed Owensboro Air show requested a
rulemaking (NPRM) titled Sector Ohio change to the proposed event date as
Coast Guard Valley Annual and Recurring Special listed in Table 1, Line 54. Instead of
Local Regulations Update (81 FR 3976). occurring 3 days during the first or
33 CFR Part 100 During the comment period that ended second weekend in September, the new
[Docket Number USCG–2015–1039] April 25, 2016, the Coast Guard received date will be published in the final rule
information regarding dates for three as: 3 days during one of the last three
RIN 1625–AA08
events from the event sponsors. This weekends in September. This change
Special Local Regulations; Sector Ohio information is discussed in this was requested to enable the Air Show to
Valley Annual and Recurring Special document. take place without conflicting with
Local Regulations Update We are issuing this rule, and under 5 other events occurring in September.
U.S.C. 553(d)(3), the Coast Guard finds Change 2: The sponsor of the REV3
AGENCY: Coast Guard, DHS. that good cause exists for making it Triathlon requested a change to the
ACTION: Final rule. effective less than 30 days after proposed date as listed in Table 1, Line
publication in the Federal Register. 4. Instead of occurring 1 day during the
SUMMARY: The Coast Guard is amending Though we are not providing a full 30- first or second weekend in May, the new
and updating its special local day delay in the effective date, the Coast date will be published in the final rule
regulations relating to recurring marine Guard did provide notice and the as: 1 day during the third or fourth
parades, regattas, and other events that opportunity to comment through the weekend in May starting in 2016. This
take place in the Coast Guard Sector NPRM process and is now providing as change was requested due to scheduling
Ohio Valley area of responsibility much notice as possible before the first conflicts with other events. This final
(AOR). This rule informs the public of recurring event enforcement is required rule was not published in time for the
regularly scheduled events that require on June 19. It is impracticable to May 22, 2016 occurrence of this event.
additional safety measures through the
provide a full 30-days notice because Therefore, a temporary final rule for this
establishing of a special local regulation.
this rule must be effective June 19, 2016 event was issued on May 20, 2016. That
Through this rulemaking the current list
to accommodate the first event. rule is accessible as indicated under
of recurring special local regulations is
ADDRESSES.
updated with revisions, additional III. Legal Authority and Need for Rule
Change 3: The sponsor of the Hadi-
events, and removal of events that no The Coast Guard’s authority for Shrine/Evansville Freedom Festival Air
longer take place in Sector Ohio Valley’s establishing a special local regulation is Show informed the Coast Guard that the
AOR. When these special local contained at 33 U.S.C. 1233. The Coast proposed expanded date period from 3
regulations are enforced, certain Guard is amending and updating the to 4 days was no longer needed and the
restrictions are placed on marine traffic special local regulations under 33 CFR currently published date period of 3
in specified areas. part 100 to include the most up to date days fits the air show portion of their
DATES: This rule is effective June 16, list of recurring special local regulations event. Therefore, the date for this event
2016. for events held on or around navigable as listed in Table 1, Line 46 will remain:
ADDRESSES: To view documents waters within the Sector Ohio Valley 3 days during the second or third
mentioned in this preamble as being AOR. These events include marine weekend in June. The event sponsor
available in the docket, go to http:// parades, boat races, swim events, and also informed the Coast Guard that the
www.regulations.gov, type USCG–2015– others. The current list under 33 CFR 2016 occurrence of this event fell on the
1039 in the ‘‘SEARCH’’ box and click 100.801 requires amending to provide fourth weekend in June. Therefore, a
‘‘SEARCH.’’ Click on Open Docket new information on existing special separate temporary final rule is being
Folder on the line associated with this local regulations, include new special issued to establish the necessary special
rule. local regulations expected to recur local regulation on June 24–26, 2016.
FOR FURTHER INFORMATION CONTACT: If annually or biannually, and to remove That rule is available as indicated under
you have questions on this rule, call or special local regulations that are no ADDRESSES.
email Petty Officer James Robinson, longer required. Issuing individual These requested changes are based on
jstallworth on DSK7TPTVN1PROD with RULES
Sector Ohio Valley, U.S. Coast Guard; regulations for each new special local the individual sponsors’ efforts to
telephone (502) 779–5347, email regulation, amendment, or removal of coordinate events alongside others in
James.C.Robinson@uscg.mil. an existing special local regulation the local community. In some instances,
SUPPLEMENTARY INFORMATION: creates unnecessary administrative costs these changes have been advertised to
and burdens. This rulemaking reduces and planned on by the local community,
I. Table of Abbreviations administrative overhead and provides and minimally impact the dates of 3
CFR Code of Federal Regulations the public with notice through events as listed in the NPRM. These
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Document Created: 2016-06-16 00:37:20
Document Modified: 2016-06-16 00:37:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule; request for comments. | |
| Dates | This rule is effective from 9 a.m. on June 17, 2016 through 6 p.m. on June 19, 2016. Comments and related material must be received by the Coast Guard on or before July 18, 2016. | |
| Contact | If you have questions on this rule, call or email Petty Officer Ashley Schad, MSD Nashville, Nashville, TN, at 615-736-5421 or at [email protected] | |
| FR Citation | 81 FR 39184 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
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