82 FR 48417 - Special Local Regulation; Clinch River, Oak Ridge, TN

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 200 (October 18, 2017)

Page Range		48417-48419
FR Document		2017-22595

The Coast Guard is establishing a special local regulation for all navigable waters of the Clinch River from mile marker (MM) 49.5 to MM 54.0. This action is necessary to provide for the safety of life on these navigable waters near Oak Ridge, TN during the Secret City Head Race. Entry into, transiting through, or anchoring within this regulated area is prohibited unless authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative.

Federal Register, Volume 82 Issue 200 (Wednesday, October 18, 2017)

[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Rules and Regulations]
[Pages 48417-48419]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22595]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0858]
RIN 1625-AA08


Special Local Regulation; Clinch River, Oak Ridge, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for 
all navigable waters of the Clinch River from mile marker (MM) 49.5 to 
MM 54.0. This action is necessary to provide for the safety of life on 
these navigable waters near Oak Ridge, TN during the Secret City Head 
Race. Entry into, transiting through, or anchoring within this 
regulated area is prohibited unless authorized by the Captain of the 
Port Sector Ohio Valley (COTP) or a designated representative.

DATES: This rule is effective from 6 a.m. through 6 p.m. on October 21, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0858 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Petty Officer Vera Max, Marine Safety Detachment Nashville, U.S. 
Coast Guard; telephone 615-736-5421, email [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 48418]]

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
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

    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 it is impracticable. We must 
establish the special local regulation by October 21, 2017 and lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    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 impracticable and contrary to the public 
interest because immediate action is needed to protect the persons and 
property from the dangers associated with the race.

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 Sector Ohio Valley (COTP) has determined 
that potential hazards associated with the Secret City Head Race from 6 
a.m. through 6 p.m. on October 21, 2017 will be a safety concern for 
all navigable waters on the Clinch River extending from mile marker 
(MM) 49.5 to MM 54.0. The purpose of this rulemaking is to ensure the 
safety of life and vessels on these navigable waters before, during, 
and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 6 a.m. 
through 6 p.m. on October 21, 2017 for all navigable waters on the 
Clinch River from MM 49.5 to MM 54.0. The duration of the regulated 
area is intended to ensure the safety of life and vessels on these 
navigable waters before, during, and after the scheduled event. No 
vessel or person will be permitted to enter the regulated area without 
obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the special local regulation. 
Vessel traffic will be able to safely navigate through the affected 
area before and after the scheduled event. Moreover, the Coast Guard 
will issue Local Notice to Mariners and Broadcast Notice to Mariners 
via VHF-FM marine channel 16 about the regulated area and the rule 
allows vessels to seek permission to enter the 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 regulation, may be small entities, for the reasons stated 
in section V. A. above, this rule will 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 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.

[[Page 48419]]

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 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 the establishment of a special local regulation lasting 
twelve hours on one day extending less than five miles of the Clinch 
River from MM 49.5 to MM 54.0. It is categorically excluded from 
further review under paragraph 34(h) of Figure 2-1 of the Commandant 
Instruction. A Record of Environmental Consideration supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

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.

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.  100.35T08-0858 to read as follows:


Sec.  100.35T08-0858  Special Local Regulation; Clinch River, Oak 
Ridge, TN.

    (a) Location. All navigable waters of the Clinch River between mile 
marker (MM) 49.5 and MM 54.0, Oak Ridge, TN.
    (b) Effective period. This section will be enforced from 6 a.m. 
through 6 p.m. on October 21, 2017.
    (c) Special local regulations. (1) Entry into this area is 
prohibited unless authorized by Captain of the Port Sector Ohio Valley 
(COTP) or a designated representative.
    (2) Persons or vessels desiring entry into or passage through the 
area must request permission from the COTP or a designated 
representative. U.S. Coast Guard Sector Ohio Valley may be contacted on 
VHF Channel 13 or 16 or by telephone at 1-800-253-7465.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the special local regulation, as 
well as any changes in the dates and times of enforcement.

    Dated: October 10, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port, Sector Ohio Valley.
[FR Doc. 2017-22595 Filed 10-17-17; 8:45 am]
 BILLING CODE 9110-04-P

48418 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations

I. Table of Abbreviations safety of life and vessels on these significant economic impact on any
CFR Code of Federal Regulations
navigable waters before, during, and vessel owner or operator.
COTP Captain of the Port Sector Ohio after the scheduled event. No vessel or Under section 213(a) of the Small
Valley person will be permitted to enter the Business Regulatory Enforcement
DHS Department of Homeland Security regulated area without obtaining Fairness Act of 1996 (Pub. L. 104–121),
FR Federal Register permission from the COTP or a we want to assist small entities in
NPRM Notice of proposed rulemaking designated representative. understanding this rule. If the rule
§ Section would affect your small business,
U.S.C. United States Code V. Regulatory Analyses organization, or governmental
II. Background Information and We developed this rule after jurisdiction and you have questions
Regulatory History considering numerous statutes and concerning its provisions or options for
Executive Orders related to rulemaking. compliance, please contact the person
The Coast Guard is issuing this Below we summarize our analyses listed in the FOR FURTHER INFORMATION
temporary final rule without prior based on a number of these statutes and CONTACT section.
notice and opportunity to comment Executive Orders, and we discuss First Small businesses may send comments
pursuant to authority under section 4(a) Amendment rights of protestors. on the actions of Federal employees
of the Administrative Procedure Act who enforce, or otherwise determine
(APA) (5 U.S.C. 553(b)). This provision A. Regulatory Planning and Review
compliance with, Federal regulations to
authorizes an agency to issue a rule Executive Orders 12866 and 13563 the Small Business and Agriculture
without prior notice and opportunity to direct agencies to assess the costs and Regulatory Enforcement Ombudsman
comment when the agency for good benefits of available regulatory and the Regional Small Business
cause finds that those procedures are alternatives and, if regulation is Regulatory Fairness Boards. The
‘‘impracticable, unnecessary, or contrary necessary, to select regulatory Ombudsman evaluates these actions
to the public interest.’’ Under 5 U.S.C. approaches that maximize net benefits. annually and rates each agency’s
553(b)(B), the Coast Guard finds that Executive Order 13771 directs agencies responsiveness to small business. If you
good cause exists for not publishing a to control regulatory costs through a wish to comment on actions by
notice of proposed rulemaking (NPRM) budgeting process. This rule has not employees of the Coast Guard, call 1–
with respect to this rule because it is been designated a ‘‘significant 888–REG–FAIR (1–888–734–3247). The
impracticable. We must establish the regulatory action,’’ under Executive Coast Guard will not retaliate against
special local regulation by October 21, Order 12866. Accordingly, this rule has small entities that question or complain
2017 and lack sufficient time to provide not been reviewed by the Office of about this rule or any policy or action
a reasonable comment period and then Management and Budget (OMB), and of the Coast Guard.
consider those comments before issuing pursuant to OMB guidance it is exempt
the rule. from the requirements of Executive C. Collection of Information
We are issuing this rule, and under 5 Order 13771. This rule will not call for a new
U.S.C. 553(d)(3), the Coast Guard finds This regulatory action determination collection of information under the
that good cause exists for making it is based on the size, location, duration, Paperwork Reduction Act of 1995 (44
effective less than 30 days after and time-of-day of the special local U.S.C. 3501–3520).
publication in the Federal Register. regulation. Vessel traffic will be able to
D. Federalism and Indian Tribal
Delaying the effective date of this rule safely navigate through the affected area
Governments
would be impracticable and contrary to before and after the scheduled event.
the public interest because immediate Moreover, the Coast Guard will issue A rule has implications for federalism
action is needed to protect the persons Local Notice to Mariners and Broadcast under Executive Order 13132,
and property from the dangers Notice to Mariners via VHF–FM marine Federalism, if it has a substantial direct
associated with the race. channel 16 about the regulated area and effect on the States, on the relationship
the rule allows vessels to seek between the national government and
III. Legal Authority and Need for Rule the States, or on the distribution of
permission to enter the area.
The Coast Guard is issuing this rule power and responsibilities among the
under authority in 33 U.S.C. 1233. The B. Impact on Small Entities various levels of government. We have
Captain of the Port Sector Ohio Valley The Regulatory Flexibility Act of analyzed this rule under that order and
(COTP) has determined that potential 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent
hazards associated with the Secret City requires Federal agencies to consider with the fundamental federalism
Head Race from 6 a.m. through 6 p.m. the potential impact of regulations on principles and preemption requirements
on October 21, 2017 will be a safety small entities during rulemaking. The described in Executive Order 13132.
concern for all navigable waters on the term ‘‘small entities’’ comprises small Also, this rule does not have tribal
Clinch River extending from mile businesses, not-for-profit organizations implications under Executive Order
marker (MM) 49.5 to MM 54.0. The that are independently owned and 13175, Consultation and Coordination
purpose of this rulemaking is to ensure operated and are not dominant in their with Indian Tribal Governments,
the safety of life and vessels on these fields, and governmental jurisdictions because it does not have a substantial
navigable waters before, during, and with populations of less than 50,000. direct effect on one or more Indian
after the scheduled event. The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the
605(b) that this rule will not have a Federal Government and Indian tribes,
IV. Discussion of the Rule or on the distribution of power and
ethrower on DSK3G9T082PROD with RULES

significant economic impact on a
This rule establishes a special local substantial number of small entities. responsibilities between the Federal
regulation from 6 a.m. through 6 p.m. on While some owners or operators of Government and Indian tribes. If you
October 21, 2017 for all navigable vessels intending to transit the special believe this rule has implications for
waters on the Clinch River from MM local regulation, may be small entities, federalism or Indian tribes, please
49.5 to MM 54.0. The duration of the for the reasons stated in section V. A. contact the person listed in the FOR
regulated area is intended to ensure the above, this rule will not have a FURTHER INFORMATION CONTACT section.

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Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations 48419

E. Unfunded Mandates Reform Act § 100.35T08–0858 Special Local DATES: This deviation is effective from
Regulation; Clinch River, Oak Ridge, TN. 8 a.m. on October 21, 2017 through 7:59
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires (a) Location. All navigable waters of a.m. on April 19, 2018.
Federal agencies to assess the effects of the Clinch River between mile marker Comments and related material must
(MM) 49.5 and MM 54.0, Oak Ridge, reach the Coast Guard on or before
their discretionary regulatory actions. In
TN. January 15, 2018.
particular, the Act addresses actions
that may result in the expenditure by a (b) Effective period. This section will ADDRESSES: You may submit comments
State, local, or tribal government, in the be enforced from 6 a.m. through 6 p.m. identified by docket number USCG–
aggregate, or by the private sector of on October 21, 2017. 2016–0257 using Federal eRulemaking
$100,000,000 (adjusted for inflation) or (c) Special local regulations. (1) Entry Portal at http://www.regulations.gov.
more in any one year. Though this rule into this area is prohibited unless See the ‘‘Public Participation and
will not result in such expenditure, we authorized by Captain of the Port Sector Request for Comments’’ portion of the
do discuss the effects of this rule Ohio Valley (COTP) or a designated SUPPLEMENTARY INFORMATION section
elsewhere in this preamble. representative. below for instructions on submitting
(2) Persons or vessels desiring entry comments.
F. Environment into or passage through the area must FOR FURTHER INFORMATION CONTACT: If
We have analyzed this rule under request permission from the COTP or a you have questions on this test
Department of Homeland Security designated representative. U.S. Coast deviation, call or email Mr. Hal R. Pitts,
Management Directive 023–01 and Guard Sector Ohio Valley may be Fifth Coast Guard District (dpb);
Commandant Instruction M16475.lD, contacted on VHF Channel 13 or 16 or telephone (757) 398–6222, email
which guide the Coast Guard in by telephone at 1–800–253–7465. Hal.R.Pitts@uscg.mil.
complying with the National (d) Informational broadcasts. The SUPPLEMENTARY INFORMATION:
Environmental Policy Act of 1969 (42 COTP or a designated representative
U.S.C. 4321–4370f), and have will inform the public through I. Background, Purpose and Legal Basis
determined that this action is one of a broadcast notices to mariners of the On April 12, 2017, we published a
category of actions that do not enforcement period for the special local notice in the Federal Register entitled,
individually or cumulatively have a regulation, as well as any changes in the ‘‘Drawbridge Operation Regulation;
significant effect on the human dates and times of enforcement. Delaware River, Pennsauken Township,
environment. This rule involves the Dated: October 10, 2017. NJ’’ announcing a temporary deviation
establishment of a special local from the regulations, with request for
M.B. Zamperini,
regulation lasting twelve hours on one comments (see 82 FR 17562). The
Captain, U.S. Coast Guard, Captain of the
day extending less than five miles of the purpose of the deviation was to test the
Port, Sector Ohio Valley.
Clinch River from MM 49.5 to MM 54.0. newly installed remote operational
[FR Doc. 2017–22595 Filed 10–17–17; 8:45 am]
It is categorically excluded from further capabilities of the DELAIR Memorial
BILLING CODE 9110–04–P
review under paragraph 34(h) of Figure Railroad Bridge across the Delaware
2–1 of the Commandant Instruction. A River, mile 104.6, at Pennsauken
Record of Environmental Consideration Township, NJ, owned and operated by
DEPARTMENT OF HOMELAND
supporting this determination is Conrail Shared Assets. The installation
SECURITY
available in the docket where indicated of the remote capabilities did not
under ADDRESSES. Coast Guard change the operational schedule of the
bridge.1
G. Protest Activities During the initial test deviation
33 CFR Part 117
The Coast Guard respects the First performed from 8 a.m. on April 24,
Amendment rights of protesters. 2017, through 7:59 a.m. on October 21,
Protesters are asked to contact the [Docket No. USCG–2016–0257]
2017, the bridge owner identified
person listed in the FOR FURTHER deficiencies in the remote operation
Drawbridge Operation Regulation;
INFORMATION CONTACT section to center procedures, bridge to vessel
Delaware River, Pennsauken
coordinate protest activities so that your communications, and equipment
Township, NJ
message can be received without redundancy. Comments concerning
jeopardizing the safety or security of AGENCY: Coast Guard, DHS. these deficiencies were submitted to the
people, places or vessels. ACTION: Notice of temporary deviation docket and provided to the Coast Guard
List of Subjects in 33 CFR Part 100 from regulations; request for comments. and bridge owner by representatives
from the Mariners’ Advisory Committee
Marine safety, Navigation (water), SUMMARY: The Coast Guard has issued a for the Bay and River Delaware.
Reporting and recordkeeping temporary deviation from the operating During the initial test deviation, we
requirements, Waterways. schedule that governs the DELAIR also published a notice of proposed
For the reasons discussed in the Memorial Railroad Bridge across the rulemaking (NPRM) in the Federal
preamble, the Coast Guard amends 33 Delaware River, mile 104.6, at Register, entitled, ‘‘Drawbridge
CFR part 100 as follows: Pennsauken Township, NJ. This Operation Regulation; Delaware River,
deviation will test the remote operation Pennsauken Township, NJ’’ (see 82 FR
PART 100—SAFETY OF LIFE ON capability of the drawbridge to 29800). In the NPRM, we stated that we
NAVIGABLE WATERS determine whether the bridge can be are proposing to modify the operating
ethrower on DSK3G9T082PROD with RULES

safely operated from a remote location. regulation that governs the DELAIR
■ 1. The authority citation for part 100
continues to read as follows: This deviation will allow the bridge to
1 A full description of the remote operational
be remotely operated from the Conrail
Authority: 33 U.S.C. 1233. South Jersey dispatch center in Mount system is outlined in the aforementioned
publication, which can be found at http://
■ 2. Add § 100.35T08–0858 to read as Laurel, NJ, instead of being operated by regulations.gov. (see ADDRESSES for more
follows: an on-site bridge tender. information).

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Document Created: 2017-10-18 01:38:04
Document Modified: 2017-10-18 01:38:04

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.
Dates		This rule is effective from 6 a.m. through 6 p.m. on October 21, 2017.
Contact		If you have questions on this rule, call Petty Officer Vera Max, Marine Safety Detachment Nashville, U.S. Coast Guard; telephone 615-736-5421, email [email protected]
FR Citation		82 FR 48417
RIN Number		1625-AA08
CFR Associated		Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

82 FR 48417 - Special Local Regulation; Clinch River, Oak Ridge, TN

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 200 (October 18, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard