83 FR 24021 - Drawbridge Operation Regulation; Chambers Bay, Steilacoom, WA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 101 (May 24, 2018)
Coast Guard
Federal Register Volume 83, Issue 101 (May 24, 2018)
| Page Range | 24021-24023 | |
| FR Document | 2018-11102 |
[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)] [Rules and Regulations] [Pages 24021-24023] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11102] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0695] RIN 1625-AA09 Drawbridge Operation Regulation; Chambers Bay, Steilacoom, WA AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is modifying the operating schedule that governs the Chambers Bay railroad lift bridge (Chambers Bay Bridge) across Chambers Bay, mile 0.01, near Steilacoom in Pierce County, WA. The modified schedule removes the bridge operator at the subject drawbridge between the hours of 10 p.m. and 6 a.m. due to minimal usage. DATES: This rule is effective June 25, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov. Type USCG- 2017-0695 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District Bridge Program Office, telephone 206-220-7282; email d13-pf-d13bridges@uscg.mil. [[Page 24022]] SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking BNSF Burlington Northern Santa Fe Sec. Section U.S.C. United States Code II. Background, Purpose and Legal Basis On March 12, 2018, we published a notice of proposed rulemaking entitled Drawbridge Operation Regulation; Chambers Bay, Steilacoom, WA, in the Federal Register (83 FR 10648). We received no comments on this rule. On January 17, 2018 we published in the Local Notice to Mariners an approved temporary deviation for the subject bridge while we processed a permanent regulation change. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority 33 U.S.C. 499. Chambers Bay Bridge across Chambers Bay, mile 0.01, near Steilacoom in Pierce County, WA, is a lift bridge and provides a vertical clearance of 10ft in the closed-to-navigation position, and 50ft of vertical clearance in the open-to-navigation position (reference MHW elevation of 12.2 feet). The subject bridge operates in accordance with 33 CFR 117.5. This rule will be a specific operating rule in Subpart B. This new rule allows BNSF to better balance the needs of marine and rail traffic, and modifies the operating schedule by removing the bridge operator between the evening hours of 10 p.m. and 6 a.m. due to minimal usage. In the last 6 years, only 2% of the subject bridge lifts have occurred between the hours of 10 p.m. and 6 a.m., which equates to approximately 5 openings a year. IV. Discussion of Comments, Changes and the Final Rule We provided a comment period of 30 days, and no comments were received. The current rule for the subject bridge is open on demand (33 CFR 117.5). However, this rule will be a new specific regulation in Subpart B. The new rule will authorize BNSF to remove the bridge operator at the Chambers Bay Bridge from 10 p.m. to 6 a.m., but the draw shall open on signal if at least four hours of notice is given. For vessels engaged in emergency response, the draw will be required to open as soon as possible, and no later than one hour after notification. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analysis based on 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, it 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 ability that vessels can still transit the bridge given advanced notice. B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 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 received no comments from the Small Business Administration on this rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 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 under the bridge 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, above. 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 calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.). D. Federalism and Indian Tribal Government 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. We have not received any comments for this rule change. 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. We have not [[Page 24023]] received any comments for this rule change. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule simply promulgates the operating regulations or procedures for drawbridges. This action is categorically excluded from further review, under figure 2-1, paragraph (32)(e), of the Instruction. A Record of Environmental Consideration and a Memorandum for the Record are not required for 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. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117--DRAWBRIDGE OPERATION REGULATIONS 0 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 117.1029 under the center heading ``Washington'' to read as follows: Sec. 117.1029 Chambers Bay. The draw of the Chambers Bay railroad lift bridge, mile 0.01, at Chambers Bay, shall open on signal except between 10 p.m. to 6 a.m. The draw shall open on signal from 10 p.m. to 6 a.m. when at least four hours of notice has been given via the phone number displayed at the bridge, and as soon as possible, no later than 1 hour after notification, for vessels engaged in emergency response. David G. Throop, Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard District. [FR Doc. 2018-11102 Filed 5-23-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations 24021
coordinates are North American Datum This temporary deviation extends the unable to pass through the bridge when
1983. period the bridge may remain in the in the closed position.
(b) Definition. The term ‘‘designated closed-to-navigation position and is The Coast Guard will also inform the
representative’’ means Coast Guard necessary to finalize emergency repairs. users of the waterways through our
Patrol Commanders, including Coast DATES: This deviation is effective from Local and Broadcast Notices to Mariners
Guard coxswains, petty officers, and 12:01 a.m. on May 26, 2018, to 11:59 of the change in operating schedule for
other officers operating Coast Guard p.m. on June 29, 2018. the bridge so that vessel operators can
vessels, and Federal, state, and local ADDRESSES: The docket for this arrange their transits to minimize any
officers designated by or assisting the deviation, USCG–2017–0595 is available impact caused by this temporary
Captain of the Port (COTP) Charleston at http://www.regulations.gov. Type the deviation.
in the enforcement of the regulated docket number in the ‘‘SEARCH’’ box In accordance with 33 CFR 117.35(e),
areas. and click ‘‘SEARCH’’. Click on Open the drawbridge must return to its regular
(c) Regulations. (1) All non- Docket Folder on the line associated operating schedule immediately at the
participant persons and vessels are with this deviation. end of the effective period of this
prohibited from entering, transiting temporary deviation. This deviation
FOR FURTHER INFORMATION CONTACT: If
through, anchoring in, or remaining from the operating regulations is
you have questions on this temporary
within the regulated area unless authorized under 33 CFR 117.35.
deviation, call or email Judy K. Leung-
authorized by the COTP Charleston or a
Yee, Bridge Management Specialist, Dated: May 7, 2018.
designated representative.
(2) Persons and vessels desiring to First District Bridge Branch, U.S. Coast Christopher J. Bisignano,
enter, transit through, anchor in, or Guard; telephone 212–514–4336, email Supervisory Bridge Management Specialist,
remain within the regulated area may Judy.K.Leung-Yee@uscg.mil. First Coast Guard District.
contact the COTP Charleston by SUPPLEMENTARY INFORMATION: On July 6, [FR Doc. 2018–11098 Filed 5–23–18; 8:45 am]
telephone at 843–740–7050, or a 2017, the Coast Guard published a BILLING CODE 9110–04–P
designated representative via VHF radio temporary deviation entitled
on channel 16, to request authorization. ‘‘Drawbridge Operation Regulation;
(3) If authorization to enter, transit Jamaica Bay, Queens, NY’’ in the DEPARTMENT OF HOMELAND
through, anchor in, or remain within the Federal Register (82 FR 31255). That SECURITY
regulated area is granted, all persons deviation allowed the bridge to open
with two-hours of advance notice from Coast Guard
and vessels receiving such authorization
must comply with the instructions of July 6, 2017 to December 22, 2017. On
December 7, 2017, the Coast Guard 33 CFR Part 117
the COTP Charleston or a designated
representative. published a temporary interim rule with [Docket No. USCG–2017–0695]
(4) The Coast Guard will provide request for comments entitled
‘‘Drawbridge Operation Regulation; RIN 1625–AA09
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to Jamaica Bay, Queens, NY’’ in the
Drawbridge Operation Regulation;
Mariners, and on-scene designated Federal Register (82 FR 57674). That
Chambers Bay, Steilacoom, WA
representatives. temporary interim rule extended the
(d) Enforcement period. This rule will period the bridge may remain in the AGENCY: Coast Guard, DHS.
be enforced from 7 a.m. until 11 a.m. on closed position through May 25, 2018. ACTION: Final rule.
May 26, 2018. The owner of the bridge, the
Metropolitan Transportation Authority, SUMMARY: The Coast Guard is modifying
Dated: May 18, 2018.
requested a second temporary deviation the operating schedule that governs the
J.W. Reed,
to extend the bridge closure from 12:01 Chambers Bay railroad lift bridge
Captain, U.S. Coast Guard, Captain of the a.m. on May 26, 2018 to 11:59 p.m. on (Chambers Bay Bridge) across Chambers
Port, Charleston.
June 29, 2018. This extension is Bay, mile 0.01, near Steilacoom in
[FR Doc. 2018–11144 Filed 5–23–18; 8:45 am]
necessary to complete emergency Pierce County, WA. The modified
BILLING CODE 9110–04–P repairs associated with the replacement schedule removes the bridge operator at
of lift span machinery that has been the subject drawbridge between the
delayed by inclement weather. hours of 10 p.m. and 6 a.m. due to
DEPARTMENT OF HOMELAND The Marine Parkway (Gil Hodges) minimal usage.
SECURITY Bridge across Rockaway Inlet, mile 3.0 DATES: This rule is effective June 25,
Coast Guard at Queens, New York is a vertical lift 2018.
bridge with a vertical clearance of 55
feet at mean high water and 59 feet at ADDRESSES: To view documents
33 CFR Part 117 mentioned in this preamble as being
mean low water in the closed position.
[Docket No. USCG–2017–0595] The existing drawbridge operating available in the docket, go to http://
regulations are listed at 33 CFR www.regulations.gov. Type USCG–
Drawbridge Operation Regulation; 117.795(a). 2017–0695 in the ‘‘SEARCH’’ box and
Jamaica Bay, Queens, NY The waterway is transited by seasonal click ‘‘SEARCH.’’ Click on Open Docket
AGENCY: Coast Guard, DHS. recreational traffic and some Folder on the line associated with this
commercial vessels. Coordination with rulemaking.
ACTION:Notice of deviation from
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drawbridge regulation. waterway users has indicated no FOR FURTHER INFORMATION CONTACT: If
objections to the proposed closure of the you have questions on this rule, call or
SUMMARY: The Coast Guard has issued a draw. Vessels able to pass through the email Steven M. Fischer, Bridge
temporary deviation from the operating bridge in the closed position may do so Administrator, Thirteenth Coast Guard
schedule that governs the Marine at any time. The bridge will not be able District Bridge Program Office,
Parkway (Gil Hodges) Bridge across to open for emergencies. There is no telephone 206–220–7282; email d13-pf-
Jamaica Bay, mile 3.0, at Queens, NY. immediate alternate route for vessels d13bridges@uscg.mil.
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![Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations 24023
received any comments for this rule PART 117—DRAWBRIDGE ACTION: Notice of enforcement of
change. OPERATION REGULATIONS regulation.
F. Environment ■ 1. The authority citation for part 117 SUMMARY: The Coast Guard will enforce
continues to read as follows: safety zones regulations at various
We have analyzed this rule under
Department of Homeland Security Authority: 33 U.S.C. 499; 33 CFR 1.05–1; locations in the Sector Columbia River
Management Directive 023–01 and Department of Homeland Security Delegation Captain of the Port zone. This action is
No. 0170.1.
Commandant Instruction M16475.lD, necessary to provide for the safety of life
which guides the Coast Guard in ■ 2. Add § 117.1029 under the center on these navigable waters during
complying with the National heading ‘‘Washington’’ to read as
fireworks displays. While these safety
Environmental Policy Act of 1969 follows:
zone regulations are subject to
(NEPA) (42 U.S.C. 4321–4370f), and § 117.1029 Chambers Bay. enforcement, persons and vessels are
have made a determination that this The draw of the Chambers Bay prohibited from being in the safety zone
action is one of a category of actions railroad lift bridge, mile 0.01, at unless authorized by the Captain of the
which do not individually or Chambers Bay, shall open on signal Port Sector Columbia River or a
cumulatively have a significant effect on except between 10 p.m. to 6 a.m. The designated representative.
the human environment. This rule draw shall open on signal from 10 p.m.
simply promulgates the operating to 6 a.m. when at least four hours of DATES: The regulations in 33 CFR
regulations or procedures for notice has been given via the phone 165.1315 will be enforced for the safety
drawbridges. This action is categorically number displayed at the bridge, and as zones identified in the SUPPLEMENTARY
excluded from further review, under soon as possible, no later than 1 hour INFORMATION section below for the dates
figure 2–1, paragraph (32)(e), of the after notification, for vessels engaged in and times specified in this document.
Instruction. A Record of Environmental emergency response. FOR FURTHER INFORMATION CONTACT: If
Consideration and a Memorandum for
the Record are not required for this rule. David G. Throop, you have questions about this notice of
Rear Admiral, U.S. Coast Guard, Commander, enforcement, call or email LCDR Laura
G. Protest Activities Thirteenth Coast Guard District. Springer, Waterways Management
[FR Doc. 2018–11102 Filed 5–23–18; 8:45 am] Division, Marine Safety Unit Portland,
The Coast Guard respects the First Coast Guard; telephone 503–240–9319,
BILLING CODE 9110–04–P
Amendment rights of protesters.
email msupdxwwm@uscg.mil.
Protesters are asked to contact the
person listed in the FOR FURTHER DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: These
INFORMATION CONTACT section to SECURITY safety zones found in 33 CFR 165.1315
coordinate protest activities so that your will be activated and thus subject to
message can be received without Coast Guard enforcement at least 1 hour before and
jeopardizing the safety or security of 1 hour after the duration of the event
people, places or vessels. 33 CFR Part 165 each day as listed in the following
List of Subjects in 33 CFR Part 117 [Docket No. USCG–2018–0395] Table:
Bridges. Safety Zones; Annual Fireworks
Displays Within the Sector Columbia
For the reasons discussed in the
River Captain of the Port Zone
preamble, the Coast Guard amends 33
CFR part 117 as follows: AGENCY: Coast Guard, DHS.
TABLE—DATES AND DURATIONS IN 2018 FOR EVENTS LISTED IN 33 CFR 165.1315 AND THE LOCATION OF THESE
EVENTS WITHIN THE SECTOR COLUMBIA RIVER CAPTAIN OF THE PORT ZONE
Event name Event location Date and duration of event Latitude Longitude
(typically)
Portland Rose Festival Fireworks ................................................ Portland, OR ................... May 25, 2018, 9:45 p.m. to 10 p.m .... 45°30′58″ N 122°40′12″ W
Tri-City Chamber of Commerce Fireworks/River of Fire Festival Kennewick, WA .............. July 4, 2018, 10 p.m. to 10:30 p.m .... 46°13′37″ N 119°08′47″ W
Astoria-Warrenton 4th of July Fireworks ..................................... Astoria, OR ..................... July 4, 2018, 10 p.m. to 10:30 p.m .... 46°11′34″ N 123°49′28″ W
Waterfront Blues Festival Fireworks ............................................ Portland, OR ................... July 4, 2018, 10 p.m. to 10:30 p.m .... 45°30′42″ N 122°40′14″ W
Florence Independence Day Celebration .................................... Florence, OR .................. July 4, 2018, 10 p.m. to 10:30 p.m .... 43°58′09″ N 124°05′50″ W
Oaks Park Association 4th of July ............................................... Portland, OR ................... July 4, 2018, 10 p.m. to 10:30 p.m .... 45°28′22″ N 122°39′59″ W
City of Rainier/Rainier Days ......................................................... Rainier, OR ..................... July 7, 2018, 10 p.m. to 10:30 p.m .... 46°05′46″ N 122°56′18″ W
Splash Aberdeen Waterfront Festival .......................................... Aberdeen, WA ................ July 4, 2018, 10 p.m. to 10:20 p.m .... 46°58′40″ N 123°47′45″ W
City of Coos Bay July 4th Celebration/Fireworks Over the Bay Coos Bay, OR ................ July 4, 2018, 10 p.m. to 10:30 p.m .... 43°22′06″ N 124°12′24″ W
Port of Cascade Locks 4th of July Fireworks .............................. Cascade Locks, OR ....... July 4, 2018, 10 p.m. to 10:30 p.m .... 45°40′15″ N 121°53′43″ W
Clatskanie Heritage Days Fireworks ............................................ Clatskanie, OR ............... July 4, 2018, 10 p.m. to 10:30 p.m .... 46°6′17″ N 123°12′02″ W
Washougal 4th of July ................................................................. Washougal, WA .............. July 4, 2018, 10 p.m. to 10:30 p.m .... 45°34′32″ N 122°22′53″ W
City of St. Helens 4th of July Fireworks ...................................... St. Helens, OR ............... July 4, 2018, 10 p.m. to 10:30 p.m .... 45°51′54″ N 122°47′26″ W
Waverly Country Club 4th of July Fireworks ............................... Milwaukie, OR ................ July 4, 2018, 10 p.m. to 10:30 p.m .... 45°27′03″ N 122°39′18″ W
Hood River 4th of July ................................................................. Hood River, OR .............. July 4, 2018, 9:30 p.m. to 11:30 p.m 45°42′58″ N 121°30′32″ W
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Winchester Bay 4th of July Fireworks ......................................... Winchester Bay, OR ....... July 4, 2018, 10 p.m. to 10:30 p.m .... 43°40′56″ N 124°11′13″ W
Brookings, OR July 4th Fireworks ............................................... Brookings, OR ................ July 4, 2018, 10:15 p.m. to 10:40 p.m 42°02′39″ N 124°16′14″ W
Yachats 4th of July ...................................................................... Yachats, OR ................... July 4, 2018, 10 p.m. to 10:30 p.m .... 44°18′38″ N 124°06′27″ W
Lincoln City 4th of July ................................................................. Lincoln City, OR ............. July 4, 2018, 10 p.m. to 10:30 p.m .... 44°55′28″ N 124°01′31″ W
July 4th Party at the Port of Gold Beach ..................................... Gold Beach, OR ............. July 4, 2018, 10 p.m. to 10:30 p.m .... 42°25′30″ N 124°25′03″ W
Huntington 4th of July .................................................................. Huntington, OR ............... July 4, 2018, 10 p.m. to 10:30 p.m .... 44°18′02″ N 117°13′33″ W
Toledo Summer Festival .............................................................. Toledo, OR ..................... July 14, 2018, 10 p.m. to 10:30 p.m .. 44°37′08″ N 123°56′24″ W
Port Orford 4th of July ................................................................. Port Orford, OR .............. July 4, 2018 10 p.m. to 10:30 p.m. .... 42°44′31″ N 124°29′30″ W
Roseburg Hometown 4th of July ................................................. Roseburg, OR ................ July 4, 2018, 10 p.m. to 10:30 p.m .... 43°12′58″ N 123°22′10″ W
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Document Created: 2018-05-24 00:05:21
Document Modified: 2018-05-24 00:05:21
| 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 | Final rule. | |
| Dates | This rule is effective June 25, 2018. | |
| Contact | If you have questions on this rule, call or email Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District Bridge Program Office, telephone 206-220-7282; email [email protected] | |
| FR Citation | 83 FR 24021 | |
| RIN Number | 1625-AA09 |
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