83_FR_19109 83 FR 19025 - Safety Zone; Philippine Sea, Tinian

83 FR 19025 - Safety Zone; Philippine Sea, Tinian

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 84 (May 1, 2018)

Page Range19025-19026
FR Document2018-09188

The Coast Guard proposes to establish a temporary safety zone for certain waters off of Chulu and Babui beaches in Tinian. The Coast Guard believes this safety zone is necessary to protect all divers participating in this underwater military exercise from potential safety hazards associated with vessel traffic in the area. This proposed rulemaking would prohibit persons and vessels not involved in the exercise from being in the safety zone unless authorized by the Captain of the Port Guam (COTP) or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 84 (Tuesday, May 1, 2018) 
[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Proposed Rules]
[Pages 19025-19026]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09188]



[[Page 19025]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0194]
RIN 1625-AA11


Safety Zone; Philippine Sea, Tinian

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain waters off of Chulu and Babui beaches in Tinian. The Coast 
Guard believes this safety zone is necessary to protect all divers 
participating in this underwater military exercise from potential 
safety hazards associated with vessel traffic in the area. This 
proposed rulemaking would prohibit persons and vessels not involved in 
the exercise from being in the safety zone unless authorized by the 
Captain of the Port Guam (COTP) or a designated representative. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 31, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0194 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 about this 
proposed rulemaking, call or email Chief Todd Wheeler, Sector Guam 
Waterways Management Division, U.S. Coast Guard; telephone 671-355-
4866, email WWMGuam@uscg.mil.

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, Purpose, and Legal Basis

    The purpose of this rulemaking is to ensure the safety of divers in 
the water during an underwater military exercise in support of the 
biennial Exercise Valiant Shield from 6 p.m. on September 10, 2018 to 6 
a.m. on September 11, 2018. The Coast Guard proposes this rulemaking 
under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 6 p.m. on 
September 10, 2018 to 6 a.m. on September 11, 2018. The safety zone 
would cover all navigable waters two miles off Chulu and Babui beaches 
in Tinian. This safety zone is necessary to protect all divers 
participating in this underwater military exercise from potential 
safety hazards associated with vessel traffic in the area. This 
proposed rulemaking would prohibit persons and vessels not involved in 
the exercise from being in the safety zone unless authorized by the 
COTP or a designated representative. The regulatory text we are 
proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 safety zone. Vessel traffic 
would be able to safely transit around this safety zone. Moreover, the 
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone, and the rule would allow vessels to 
seek permission to enter the zone.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or

[[Page 19026]]

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 
proposed rule has implications for federalism or Indian tribes, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, which guides the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination 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 proposed rule 
involves a safety zone vessel traffic would be able to safely transit 
around. Normally such actions are categorically excluded from further 
review under paragraph L[37] of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. A preliminary Record of Environmental 
Consideration supporting this determination is 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 proposed 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.

V. 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 this rulemaking. 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, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM 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 website'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 165

    Harbors, Marine safety, Navigation (water), Reporting and Reporting 
and recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T14-0194 to read as follows:


Sec.  165.T14-0194  Safety Zone; Philippine Sea, Tinian.

    (a) Location. The following area is a safety zone: All waters off 
of Chulu and Babui Beach, Tinian, from surface to bottom, encompassed 
by a line connecting the following points beginning at 15[deg]04'09'' 
N, 145[deg]36'44'' E, thence to 15[deg]04'48'' N, 145[deg]35'42'' E, 
thence to 15[deg]05'09'' N, 145[deg]36'08'' E, thence to 15[deg]04'48'' 
N, 145[deg]37'23'' E, and along the shore line back to the beginning 
point. These coordinates are based on NAD 1983.
    (b) Regulations. (1) The general regulations governing safety zones 
contained in 33 CFR 165.23 apply. This proposed rulemaking would 
prohibit persons and vessels not involved in the exercise from being in 
the safety zone unless authorized by the Captain of the Port (COTP) 
Guam or a designated representative.
    (2) To seek permission to enter, contact the COTP Guam or the 
COTP's representative by VHF channel 16 or by telephone at 671-355-
4821. Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (c) Enforcement period. This section will be enforced from 6 p.m. 
on September 10, 2018 to 6 a.m. on September 11, 2018.

    Dated: April 6, 2018.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port Guam.
[FR Doc. 2018-09188 Filed 4-30-18; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Proposed Rules 19025 DEPARTMENT OF HOMELAND September 11, 2018. The Coast Guard that are independently owned and SECURITY proposes this rulemaking under operated and are not dominant in their authority in 33 U.S.C. 1231. fields, and governmental jurisdictions Coast Guard with populations of less than 50,000. III. Discussion of Proposed Rule The Coast Guard certifies under 5 U.S.C. 33 CFR Part 165 The COTP proposes to establish a 605(b) that this proposed rule would not safety zone from 6 p.m. on September have a significant economic impact on [Docket Number USCG–2018–0194] 10, 2018 to 6 a.m. on September 11, a substantial number of small entities. RIN 1625–AA11 2018. The safety zone would cover all While some owners or operators of navigable waters two miles off Chulu vessels intending to transit the safety Safety Zone; Philippine Sea, Tinian and Babui beaches in Tinian. This safety zone may be small entities, for the AGENCY: Coast Guard, DHS. zone is necessary to protect all divers reasons stated in section IV.A above, participating in this underwater military this proposed rule would not have a ACTION: Notice of proposed rulemaking. exercise from potential safety hazards significant economic impact on any SUMMARY: The Coast Guard proposes to associated with vessel traffic in the area. vessel owner or operator. establish a temporary safety zone for This proposed rulemaking would If you think that your business, certain waters off of Chulu and Babui prohibit persons and vessels not organization, or governmental beaches in Tinian. The Coast Guard involved in the exercise from being in jurisdiction qualifies as a small entity believes this safety zone is necessary to the safety zone unless authorized by the and that this rule would have a protect all divers participating in this COTP or a designated representative. significant economic impact on it, underwater military exercise from The regulatory text we are proposing please submit a comment (see potential safety hazards associated with appears at the end of this document. ADDRESSES) explaining why you think it vessel traffic in the area. This proposed qualifies and how and to what degree IV. Regulatory Analyses this rule would economically affect it. rulemaking would prohibit persons and vessels not involved in the exercise We developed this proposed rule after Under section 213(a) of the Small from being in the safety zone unless considering numerous statutes and Business Regulatory Enforcement authorized by the Captain of the Port Executive orders related to rulemaking. Fairness Act of 1996 (Pub. L. 104–121), Guam (COTP) or a designated Below we summarize our analyses we want to assist small entities in representative. We invite your based on a number of these statutes and understanding this proposed rule. If the comments on this proposed rulemaking. Executive orders and we discuss First rule would affect your small business, Amendment rights of protestors. organization, or governmental DATES: Comments and related material jurisdiction and you have questions must be received by the Coast Guard on A. Regulatory Planning and Review concerning its provisions or options for or before May 31, 2018. Executive Orders 12866 and 13563 compliance, please contact the person ADDRESSES: You may submit comments direct agencies to assess the costs and listed in the FOR FURTHER INFORMATION identified by docket number USCG– benefits of available regulatory CONTACT section. The Coast Guard will 2018–0194 using the Federal alternatives and, if regulation is not retaliate against small entities that eRulemaking Portal at http:// necessary, to select regulatory question or complain about this www.regulations.gov. See the ‘‘Public approaches that maximize net benefits. proposed rule or any policy or action of Participation and Request for Executive Order 13771 directs agencies the Coast Guard. Comments’’ portion of the to control regulatory costs through a SUPPLEMENTARY INFORMATION section for budgeting process. This NPRM has not C. Collection of Information further instructions on submitting been designated a ‘‘significant This proposed rule would not call for comments. regulatory action,’’ under Executive a new collection of information under FOR FURTHER INFORMATION CONTACT: If Order 12866. Accordingly, the NPRM the Paperwork Reduction Act of 1995 you have questions about this proposed has not been reviewed by the Office of (44 U.S.C. 3501–3520). rulemaking, call or email Chief Todd Management and Budget (OMB), and D. Federalism and Indian Tribal Wheeler, Sector Guam Waterways pursuant to OMB guidance it is exempt Governments Management Division, U.S. Coast from the requirements of Executive Order 13771. A rule has implications for federalism Guard; telephone 671–355–4866, email This regulatory action determination under Executive Order 13132, WWMGuam@uscg.mil. is based on the size, location, duration, Federalism, if it has a substantial direct SUPPLEMENTARY INFORMATION: effect on the States, on the relationship and time-of-day of the safety zone. I. Table of Abbreviations Vessel traffic would be able to safely between the national government and transit around this safety zone. the States, or on the distribution of CFR Code of Federal Regulations DHS Department of Homeland Security Moreover, the Coast Guard would issue power and responsibilities among the FR Federal Register a Broadcast Notice to Mariners via various levels of government. We have NPRM Notice of proposed rulemaking VHF–FM marine channel 16 about the analyzed this proposed rule under that § Section zone, and the rule would allow vessels Order and have determined that it is U.S.C. United States Code to seek permission to enter the zone. consistent with the fundamental federalism principles and preemption II. Background, Purpose, and Legal B. Impact on Small Entities amozie on DSK30RV082PROD with PROPOSALS requirements described in Executive Basis The Regulatory Flexibility Act of Order 13132. The purpose of this rulemaking is to 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have ensure the safety of divers in the water requires Federal agencies to consider tribal implications under Executive during an underwater military exercise the potential impact of regulations on Order 13175, Consultation and in support of the biennial Exercise small entities during rulemaking. The Coordination with Indian Tribal Valiant Shield from 6 p.m. on term ‘‘small entities’’ comprises small Governments, because it would not have September 10, 2018 to 6 a.m. on businesses, not-for-profit organizations a substantial direct effect on one or VerDate Sep<11>2014 16:26 Apr 30, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\01MYP1.SGM 01MYP1

19026 Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Proposed Rules more Indian tribes, on the relationship V. Public Participation and Request for connecting the following points between the Federal Government and Comments beginning at 15°04′09″ N, 145°36′44″ E, Indian tribes, or on the distribution of We view public participation as thence to 15°04′48″ N, 145°35′42″ E, power and responsibilities between the essential to effective rulemaking, and thence to 15°05′09″ N, 145°36′08″ E, Federal Government and Indian tribes. will consider all comments and material thence to 15°04′48″ N, 145°37′23″ E, and If you believe this proposed rule has received during the comment period. along the shore line back to the implications for federalism or Indian Your comment can help shape the beginning point. These coordinates are tribes, please contact the person listed outcome of this rulemaking. If you based on NAD 1983. in the FOR FURTHER INFORMATION submit a comment, please include the (b) Regulations. (1) The general CONTACT section. docket number for this rulemaking, regulations governing safety zones indicate the specific section of this contained in 33 CFR 165.23 apply. This E. Unfunded Mandates Reform Act document to which each comment proposed rulemaking would prohibit applies, and provide a reason for each persons and vessels not involved in the The Unfunded Mandates Reform Act exercise from being in the safety zone of 1995 (2 U.S.C. 1531–1538) requires suggestion or recommendation. We encourage you to submit unless authorized by the Captain of the Federal agencies to assess the effects of Port (COTP) Guam or a designated comments through the Federal their discretionary regulatory actions. In representative. eRulemaking Portal at http:// particular, the Act addresses actions www.regulations.gov. If your material (2) To seek permission to enter, that may result in the expenditure by a cannot be submitted using http:// contact the COTP Guam or the COTP’s State, local, or tribal government, in the www.regulations.gov, contact the person representative by VHF channel 16 or by aggregate, or by the private sector of in the FOR FURTHER INFORMATION telephone at 671–355–4821. Those in $100,000,000 (adjusted for inflation) or CONTACT section of this document for the safety zone must comply with all more in any one year. Though this alternate instructions. lawful orders or directions given to proposed rule would not result in such We accept anonymous comments. All them by the COTP or the COTP’s an expenditure, we do discuss the comments received will be posted designated representative. effects of this rule elsewhere in this without change to http:// (c) Enforcement period. This section preamble. www.regulations.gov and will include will be enforced from 6 p.m. on any personal information you have September 10, 2018 to 6 a.m. on F. Environment provided. For more about privacy and September 11, 2018. We have analyzed this proposed rule the docket, visit http:// Dated: April 6, 2018. under Department of Homeland www.regulations.gov/privacyNotice. Christopher M. Chase, Documents mentioned in this NPRM Captain, U.S. Coast Guard, Captain of the Security Directive 023–01, which guides as being available in the docket, and all Port Guam. the Coast Guard in complying with the public comments, will be in our online [FR Doc. 2018–09188 Filed 4–30–18; 8:45 am] National Environmental Policy Act of docket at http://www.regulations.gov 1969 (42 U.S.C. 4321–4370f), and have BILLING CODE 9110–04–P and can be viewed by following that made a preliminary determination that website’s instructions. Additionally, if this action is one of a category of actions you go to the online docket and sign up that do not individually or cumulatively ENVIRONMENTAL PROTECTION for email alerts, you will be notified AGENCY have a significant effect on the human when comments are posted or a final environment. This proposed rule rule is published. 40 CFR Part 51 involves a safety zone vessel traffic would be able to safely transit around. List of Subjects in 33 CFR Part 165 [EPA–HQ–OAR–2017–0175; FRL–9977–28– Normally such actions are categorically Harbors, Marine safety, Navigation OAR] excluded from further review under (water), Reporting and Reporting and RIN 2060–AT52 paragraph L[37] of Appendix A, Table 1 recordkeeping requirements, Security of DHS Instruction Manual 023–01– measures, Waterways. Air Quality: Revision to the Regulatory 001–01, Rev. 01. A preliminary Record For the reasons discussed in the Definition of Volatile Organic of Environmental Consideration preamble, the Coast Guard proposes to Compounds—Exclusion of cis- supporting this determination is amend 33 CFR part 165 as follows: 1,1,1,4,4,4-hexafluorobut-2-ene (HFO- available in the docket where indicated 1336mzz-Z) PART 165—REGULATED NAVIGATION under ADDRESSES. We seek any AGENCY: Environmental Protection AREAS AND LIMITED ACCESS AREAS comments or information that may lead Agency (EPA). to the discovery of a significant ■ 1. The authority citation for part 165 ACTION: Proposed rule. environmental impact from this continues to read as follows: proposed rule. SUMMARY: The Environmental Protection Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Agency (EPA) is proposing to revise the G. Protest Activities 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation regulatory definition of volatile organic No. 0170.1. compounds (VOC) under the Clean Air The Coast Guard respects the First Act (CAA). This action proposes to add Amendment rights of protesters. ■ 2. Add § 165.T14–0194 to read as amozie on DSK30RV082PROD with PROPOSALS follows: cis-1,1,1,4,4,4-hexafluorobut-2-ene (also Protesters are asked to contact the known as HFO–1336mzz–Z; CAS person listed in the FOR FURTHER § 165.T14–0194 Safety Zone; Philippine number 692–49–9) to the list of INFORMATION CONTACT section to Sea, Tinian. compounds excluded from the coordinate protest activities so that your (a) Location. The following area is a regulatory definition of VOC on the message can be received without safety zone: All waters off of Chulu and basis that this compound makes a jeopardizing the safety or security of Babui Beach, Tinian, from surface to negligible contribution to tropospheric people, places, or vessels. bottom, encompassed by a line ozone (O3) formation. VerDate Sep<11>2014 17:55 Apr 30, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\01MYP1.SGM 01MYP1


Document Created: 2018-05-01 00:23:42
Document Modified: 2018-05-01 00:23:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before May 31, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Chief Todd Wheeler, Sector Guam Waterways Management Division, U.S. Coast Guard; telephone 671-355- 4866, email [email protected]
FR Citation83 FR 19025 
RIN Number1625-AA11
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Reporting and Recordkeeping Requirements; Security Measures and Waterways
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