83_FR_30470 83 FR 30345 - Security Zone; Seattle's Seafair Fleet Week Moving Vessels, Puget Sound, WA

83 FR 30345 - Security Zone; Seattle's Seafair Fleet Week Moving Vessels, Puget Sound, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 125 (June 28, 2018)

Page Range30345-30348
FR Document2018-13899

The Coast Guard is amending its Seattle Seafair Fleet Week Moving Vessel Security Zone regulation. In response to public comment, we are not finalizing our proposal to remove existing language about a published notice identifying the designated participating vessels. However, last minute changes to the participating vessels in the Parade of Ships during Fleet Week may cause the published notice to become outdated after publication. In that case the Coast Guard will use actual notice to enforce a security zone around participating vessels, as well as other methods of informing the public about changes, and we have amended the regulation to reflect the possibility of changes.

Federal Register, Volume 83 Issue 125 (Thursday, June 28, 2018)
[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)]
[Rules and Regulations]
[Pages 30345-30348]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13899]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0105]
RIN 1625-AA87


Security Zone; Seattle's Seafair Fleet Week Moving Vessels, Puget 
Sound, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is amending its Seattle Seafair Fleet Week 
Moving Vessel Security Zone regulation. In response to public comment, 
we are not finalizing our proposal to remove existing language about a 
published notice identifying the designated participating vessels. 
However, last minute changes to the participating vessels in the Parade 
of Ships during Fleet Week may cause the published notice to become 
outdated after publication. In that case the Coast Guard will use 
actual notice to enforce a security zone around participating vessels, 
as well as other methods of informing the public about changes, and we 
have amended the regulation to reflect the possibility of changes.

DATES: This rule is effective July 30, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0105 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 or email Petty Officer Zachary Spence, Sector Puget Sound 
Waterways Management Branch, U.S. Coast Guard; telephone 206-217-6051, 
email [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

    On July 10, 2012 (77 FR 40521), the Coast Guard Captain of the 
Port, Sector Puget Sound, published a final rule that became effective 
Aug. 1, 2012; the Seattle's Seafair Fleet Week Moving Vessels security 
zone. On April 6, 2018, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Security Zone; Seattle's Seafair Fleet Week 
Moving Vessels, Puget Sound, WA (83 FR 14801) in which we proposed to 
amend the current final rule. There we stated why we issued the NPRM, 
and invited comments on our proposed regulatory action. During the 
comment period that ended May 21, 2018, we received three written 
submissions.

III. Legal Authority and Need for Rule

    The Coast Guard is amending its Seattle Seafair Fleet Week Moving 
Vessel Security Zone regulation, 33 CFR 165.1333, under authority in 33 
U.S.C. 1231. In past years, some of the designated participating 
vessels which required the security zone have been rescheduled at the 
last moment due to operational needs, and as a result, the changes 
precluded the Coast Guard from providing sufficient notice of which 
vessels are participating in the parade of ships in the Federal 
Register. The amended regulation will allow the Coast Guard to publish 
dates and times of the Parade of Ships in the Federal Register and 
Local Notice to Mariners, and of the designated participating vessels 
it is aware of at the time it issues the notice, and provide that 
actual notice will be used to enforce the security zone around any 
vessels designated after the notice has been issued. Further, for the 
reasons discussed above, the amended regulation will require that the 
Coast Guard publish the above information before the beginning of the 
Parade of Ships instead of the three days currently provided for in the 
regulation. The names of the designated vessels will also be published 
in a Broadcast Notice to Mariners.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received three written submissions on our NPRM 
published April 6, 2018. The first commenter requested to stop the 
Russian and Chinese fishing ships from fishing within the U.S. 
Exclusive Economic Zone. As this comment does not relate to this 
rulemaking, no response is required. The second commenter requested the 
Agency stop

[[Page 30346]]

wasting water from several of the Snake River hydroelectric dams that 
provide power and water for the navigation of vessel traffic for the 
region. This comment also does not relate the subject matter of this 
rulemaking and no response is required.
    The third commenter provided a number of different concerns, each 
of which we address in turn as follows.
    First, the commenter provided that the Thirteenth Coast Guard 
District failed to contact ``interested community groups'' as 
recommended by the Office for Civil Rights and Civil Liberties, U.S. 
Department of Homeland Security, prior to implementation of exclusion 
zones. As noted by the commenter, the Coast Guard published a notice of 
proposed rulemaking in the Federal Register, providing notice of a 
proposed change of the notice of an annual security zone.
    Second, the commenter provided that the Parade of Ships fails to 
comply with 33 CFR 100.15, which details the procedures for submission 
of a marine event permit, and that the event had never been conducted 
in a lawful manner. The Coast Guard has determined that in light of the 
existing regulations in place, such as the Naval Vessel Protection Zone 
in 33 CFR 165.2030, and the subject regulation, 33 CFR 165.1333, the 
Parade of Ships will not introduce extra or unusual hazards to the 
safety of life on the navigable waters of the United States such that a 
marine event permit would be required under 33 CFR 100.15. The 
commenter provided a discussion on the information required in a marine 
event permit application. As the discussion on what is required in a 
marine event permit does not relate to the proposed amendments to 33 
CFR 165.1333, no further response is required.
    Third, the commenter provided that proposed revisions to 33 CFR 
165.1333 are actually due to previous Coast Guard errors instead of 
changing schedules, because it appears from prior correspondence with 
the Coast Guard that the Coast Guard may have mistakenly left out U.S. 
Navy vessels from the applicability of this zone. Naval Vessel 
Protection Zones under 33 CFR 165.2030 apply to large U.S. Navy 
vessels, which have historically participated in the Parade of Ships. 
As stated in the NPRM for the regulatory change we proposed, the reason 
why this rule is being amended is due to last minute changes in the 
vessels participating in the Parade of Ships due to operational needs. 
Based on this comment, however, we have decided to make a change from 
our proposed amendment to Sec.  165.1333. We are amending Sec.  
165.1333(a) to explain that the Coast Guard may use actual notice to 
enforce security zones around participating vessels not included in the 
notice, in situations when due to operational needs there is a change 
after the notice has been issued and the COTP needs to add a vessel to 
the list of designated participating vessels. In those situations the 
Coast Guard will also announce any such changes in the Local Notice to 
Mariners. The reference to actual notice reflects existing authorities 
and enforcement practices, but we hope that stating it in the Code of 
Federal Regulations will be helpful. The change is within the scope of 
the proposed rule, which envisioned using actual notice for security 
zones around all participating vessels.
    The COTP does not designate large U.S. Navy vessels--those more 
than 100 feet in length overall--that participate in the parade as 
designated participating vessels because persons who violate the naval 
vessel protection zone around those vessels, which are issued under 14 
U.S.C. 91 authority, are already subject to penalties under 33 U.S.C. 
1232. Whether a large U.S. Navy vessels is in Parade of Ships or not, 
it will be surrounded by a naval vessel protection zone and persons 
should comply with the provisions of that regulation.
    Fourth, the commenter provided that Broadcast Notice to Mariners 
before and during the event is insufficient notice. The proposed 
regulatory change provides that the security zones will be enforced 
with actual notice which meets the standard set in 5 U.S.C. 552(a)(1). 
The Coast Guard considered the commenter's concerns about receiving 
Broadcast Notice to Mariners and, in response we revised the regulatory 
text to include an email and a phone number which members of the public 
can contact the Captain of the Port to receive an updated list of 
participating vessels. Furthermore, the Coast Guard actively conducts 
outreach to those participating in planned First Amendment activities 
related to the Parade of Ships so as to ensure the safety of all 
participants, and that participants of such activities are aware of all 
means to obtain the names of the vessels to which regulations apply.
    Fifth, the commenter provided that an accurate list of vessels in 
the Parade of Ships is essential for vessel operators engaged in First 
Amendment activities. The Coast Guard concurs with this comment, but 
has pointed to the problem of last-minute changes making this objective 
difficult to achieve. Instead of eliminating the notice identifying 
participating vessels, as proposed, we will use actual notice to 
enforce security zones around vessels designated after the notice has 
been issued. In addition to actual notice, the Coast Guard will 
broadcast the names of the vessels to which the security zone applies 
using a Broadcast Notice to Mariners.
    Sixth, the commenter provided that the Coast Guard's fear of free 
speech activities is irrational. The Coast Guard's rule amends the 
manner in which notice will be provided as to which vessels will have a 
security zone during the annual Parade of Ships during Fleet Week. The 
Coast Guard strives to ensure that free speech activities are respected 
and accommodated.
    Seventh, the commenter provided that the Coast Guard should require 
an application for the maritime event, pursuant to 33 CFR 100.15, as it 
might allow for citizens to comment on the entire event in a meaningful 
way. The Coast Guard's position with respect to marine event permits 
can be found in the response to this commenter's second comment. 
Citizens may comment on the event in any way that is provided for under 
the protections of the First Amendment.
    Eighth, the commenter provided that proposed revisions to 33 CFR 
165.1333 expand restricted zones in Elliot Bay. The proposed amendment 
to 33 CFR 165.1333 did not expand the geographic size nor timeframe of 
the security zone.
    After considering all the foregoing comments, the Coast Guard 
amended paragraph (a) of the regulatory text to maintain the notice 
while adding a provision providing for the Coast Guard to use actual 
notice for any vessels designated as participating vessels after the 
notice is issued. This maintains the notice but clarifies that we can 
address last minute changes to participating vessels because of 
operational needs. We also amended paragraph (e) to reflect additional 
methods of obtaining an up to date list of participating vessels, and 
we included both the date and times of the period that the regulation 
will be enforced, as opposed to just the date.
    This rule amends the way in which the Coast Guard informs the 
public of the Seattle Seafair Fleet Week Parade. In order to provide 
notice to the public regarding the vessels requiring the security 
zones, the Coast Guard will continue to publish a notice in the Federal 
Register identifying designated participating vessels. We will also 
list in those notices the times, in addition to the dates, that the 
security zones will be enforced. We will use actual notice to make 
persons aware of changes to the notice identifying designated 
participating vessels and we will

[[Page 30347]]

identify all designated participating vessels, included those added 
late, in both Local Notice to Mariners and Broadcast Notice to 
Mariners.

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 fact that this 
rule only changes the means by which the public will be notified about 
the security 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 received no comments from the Small Business 
Administration on this rulemaking. 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 
safety zone 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 
Order13132.
    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.

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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 
amending the way in which the Coast Guard will notify the public which 
vessels are designated participants in Seattle's Seafair Fleet Week. It 
is categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. 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 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
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. Amend Sec.  165.1333 by revising paragraphs (a) and (e) to read as 
follows:

[[Page 30348]]

Sec.  165.1333   Security Zones, Seattle's Seafair Fleet Week moving 
vessels, Puget Sound, WA.

    (a) Location. The following areas are security zones: All navigable 
waters within 500 yards of each designated participating vessel in the 
Parade of Ships while each such vessel is in the Sector Puget Sound 
Captain of the Port (COTP) zone, as defined in 33 CFR 3.65-10, during a 
time specified in paragraph (e) of this section. The Coast Guard will 
publish a notice in the Federal Register each year before the start of 
the Seattle Seafair Fleet Week to identify the designated participating 
vessels for that year. Should information in the notice change after 
publication, as it may for operational reasons, the Coast Guard will 
use actual notice to enforce security zones around participating 
vessels not in the published notice. The Coast Guard will also provide 
this information in the Local Notice to Mariners.
* * * * *
    (e) Annual enforcement period. The security zones described in 
paragraph (a) of this section will be enforced during Seattle Seafair 
Fleet Week each year for a period of up to 1 week. The Seattle Seafair 
Fleet Week will occur annually sometime between July 25 and August 14. 
The annual notice published in the Federal Register identifying the 
designated participating vessels will contain the dates and times that 
this section will be enforced. The Coast Guard will issue a Broadcast 
Notice to Mariners before the start of the Seattle Seafair Fleet Week 
to identify the designated participating vessels for that year. In 
addition, members of the public may contact the Sector Puget Sound COTP 
at (206) 217-6002 for a list of participating vessels.

    Dated: June 22, 2018.
M.M. Balding,
Captain, U.S. Coast Guard, Acting Captain of the Port Puget Sound.
[FR Doc. 2018-13899 Filed 6-27-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations                                         30345

                                           Consideration supporting this                             Dated: June 25, 2018.                                U.S.C.    United States Code
                                           determination is available in the docket                J.M. Nunan,                                            II. Background Information and
                                           where indicated under ADDRESSES.                        Rear Admiral, U.S. Coast Guard, Commander,             Regulatory History
                                                                                                   Ninth Coast Guard District.
                                           List of Subjects in 33 CFR Part 110                                                                               On July 10, 2012 (77 FR 40521), the
                                                                                                   [FR Doc. 2018–13928 Filed 6–27–18; 8:45 am]
                                             Anchorage grounds.                                                                                           Coast Guard Captain of the Port, Sector
                                                                                                   BILLING CODE 9110–04–P
                                             For the reasons discussed in the                                                                             Puget Sound, published a final rule that
                                           preamble, the Coast Guard amends 33                                                                            became effective Aug. 1, 2012; the
                                           CFR part 110 as follows:                                DEPARTMENT OF HOMELAND                                 Seattle’s Seafair Fleet Week Moving
                                                                                                   SECURITY                                               Vessels security zone. On April 6, 2018,
                                           PART 110—ANCHORAGE                                                                                             the Coast Guard published a notice of
                                           REGULATIONS                                             Coast Guard                                            proposed rulemaking (NPRM) titled
                                                                                                                                                          Security Zone; Seattle’s Seafair Fleet
                                           ■ 1. The authority citation for part 110                33 CFR Part 165                                        Week Moving Vessels, Puget Sound,
                                           continues to read as follows:                                                                                  WA (83 FR 14801) in which we
                                                                                                   [Docket Number USCG–2018–0105]                         proposed to amend the current final
                                             Authority: 33 U.S.C. 471, 1221 through
                                           1236, 2071; 33 CFR 1.05–1; Department of                RIN 1625–AA87                                          rule. There we stated why we issued the
                                           Homeland Security Delegation No. 0170.1.                                                                       NPRM, and invited comments on our
                                           ■   2. Add § 110.209 to read as follows:                Security Zone; Seattle’s Seafair Fleet                 proposed regulatory action. During the
                                                                                                   Week Moving Vessels, Puget Sound,                      comment period that ended May 21,
                                           § 110.209 Saint Lawrence Seaway                         WA                                                     2018, we received three written
                                           Anchorages, New York.                                                                                          submissions.
                                              (a) Carleton Island Anchorage; Saint                 AGENCY:    Coast Guard, DHS.
                                           Lawrence River, Cape Vincent, New                       ACTION:   Final rule.                                  III. Legal Authority and Need for Rule
                                           York—(1) Carleton Island Anchorage                                                                                The Coast Guard is amending its
                                                                                                   SUMMARY:    The Coast Guard is amending
                                           Area. The waters bounded by a line                                                                             Seattle Seafair Fleet Week Moving
                                                                                                   its Seattle Seafair Fleet Week Moving
                                           connecting the following points,                                                                               Vessel Security Zone regulation, 33 CFR
                                                                                                   Vessel Security Zone regulation. In
                                           beginning at 44°11′57.11″ N,                                                                                   165.1333, under authority in 33 U.S.C.
                                                                                                   response to public comment, we are not
                                           076°14′04.62″ W; thence to 44°11′21.80″                                                                        1231. In past years, some of the
                                                                                                   finalizing our proposal to remove
                                           N, 076°14′05.77″ W; thence to                                                                                  designated participating vessels which
                                                                                                   existing language about a published
                                           44°11′34.07″ N, 076°15′49.57″ W;                                                                               required the security zone have been
                                                                                                   notice identifying the designated
                                           44°11′35.35″ N, 076°16′47.50″ W;                                                                               rescheduled at the last moment due to
                                                                                                   participating vessels. However, last
                                           44°11′43.49″ N, 076°16′48.00″ W;                                                                               operational needs, and as a result, the
                                                                                                   minute changes to the participating
                                           44°11′57.11″ N, 076°14′04.62″ W and                                                                            changes precluded the Coast Guard from
                                                                                                   vessels in the Parade of Ships during
                                           back to the beginning point. These                                                                             providing sufficient notice of which
                                                                                                   Fleet Week may cause the published
                                           coordinates are based on WGS 84.                                                                               vessels are participating in the parade of
                                                                                                   notice to become outdated after
                                              (2) Tibbett’s Island Anchorage Area.                                                                        ships in the Federal Register. The
                                                                                                   publication. In that case the Coast Guard
                                           The waters bounded by a line                                                                                   amended regulation will allow the Coast
                                                                                                   will use actual notice to enforce a
                                           connecting the following points,                                                                               Guard to publish dates and times of the
                                                                                                   security zone around participating
                                           beginning at 44°05′20.27″ N,                                                                                   Parade of Ships in the Federal Register
                                                                                                   vessels, as well as other methods of
                                           076°23′25.78″ W; thence to 44°05′21.85″                                                                        and Local Notice to Mariners, and of the
                                                                                                   informing the public about changes, and
                                           N, 076°22′40.97″ W; thence to                                                                                  designated participating vessels it is
                                                                                                   we have amended the regulation to
                                           44°04′34.08″ N, 076°23′09.98″ W;                                                                               aware of at the time it issues the notice,
                                                                                                   reflect the possibility of changes.
                                           44°04′07.72″ N, 076°23′33.76″ W;                                                                               and provide that actual notice will be
                                                                                                   DATES: This rule is effective July 30,                 used to enforce the security zone around
                                           44°04′32.78″ N, 076°24′43.80″ W;
                                           44°05′44.37″ N, 076°23′56.29″ W;                        2018.                                                  any vessels designated after the notice
                                           44°05′20.27″ N, 076°23′25.78″ W and                     ADDRESSES:   To view documents                         has been issued. Further, for the reasons
                                           back to the beginning point. These                      mentioned in this preamble as being                    discussed above, the amended
                                           coordinates are based on WGS 84.                        available in the docket, go to http://                 regulation will require that the Coast
                                              (b) The regulations. (1) Anchors must                www.regulations.gov, type USCG–2018–                   Guard publish the above information
                                           not be placed in the Saint Lawrence                     0105 in the ‘‘SEARCH’’ box and click                   before the beginning of the Parade of
                                           Seaway shipping channel. No portion of                  ‘‘SEARCH.’’ Click on Open Docket                       Ships instead of the three days currently
                                           the hull or rigging may extend outside                  Folder on the line associated with this                provided for in the regulation. The
                                           the limits of the anchorage area.                       rule.                                                  names of the designated vessels will
                                              (2) No vessel may occupy any general                 FOR FURTHER INFORMATION CONTACT: If                    also be published in a Broadcast Notice
                                           anchorage described in paragraph (a) of                 you have questions on this rule, call or               to Mariners.
                                           this section for a period longer than 10                email Petty Officer Zachary Spence,
                                           days unless approval is obtained from                                                                          IV. Discussion of Comments, Changes,
                                                                                                   Sector Puget Sound Waterways                           and the Rule
                                           the Captain of the Port Buffalo (COTP)                  Management Branch, U.S. Coast Guard;
                                           for that purpose.                                       telephone 206–217–6051, email                             As noted above, we received three
                                              (3) The COTP, or authorized                          SectorPugetSoundWWM@uscg.mil.                          written submissions on our NPRM
                                           representative, may require vessels to                                                                         published April 6, 2018. The first
                                                                                                   SUPPLEMENTARY INFORMATION:
                                           depart from the Anchorages described                                                                           commenter requested to stop the
amozie on DSK3GDR082PROD with RULES




                                           in paragraph (a) of this section before                 I. Table of Abbreviations                              Russian and Chinese fishing ships from
                                           the expiration of the authorized or                     CFR Code of Federal Regulations
                                                                                                                                                          fishing within the U.S. Exclusive
                                           maximum stay. The COTP, or                              DHS Department of Homeland Security                    Economic Zone. As this comment does
                                           authorized representative, will provide                 FR Federal Register                                    not relate to this rulemaking, no
                                           at least 12-hour notice to a vessel                     NPRM Notice of proposed rulemaking                     response is required. The second
                                           required to depart the anchorages.                      § Section                                              commenter requested the Agency stop


                                      VerDate Sep<11>2014   16:02 Jun 27, 2018   Jkt 244001   PO 00000   Frm 00061   Fmt 4700   Sfmt 4700   E:\FR\FM\28JNR1.SGM    28JNR1


                                           30346              Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations

                                           wasting water from several of the Snake                 the Coast Guard may use actual notice                  designated after the notice has been
                                           River hydroelectric dams that provide                   to enforce security zones around                       issued. In addition to actual notice, the
                                           power and water for the navigation of                   participating vessels not included in the              Coast Guard will broadcast the names of
                                           vessel traffic for the region. This                     notice, in situations when due to                      the vessels to which the security zone
                                           comment also does not relate the subject                operational needs there is a change after              applies using a Broadcast Notice to
                                           matter of this rulemaking and no                        the notice has been issued and the                     Mariners.
                                           response is required.                                   COTP needs to add a vessel to the list                    Sixth, the commenter provided that
                                              The third commenter provided a                       of designated participating vessels. In                the Coast Guard’s fear of free speech
                                           number of different concerns, each of                   those situations the Coast Guard will                  activities is irrational. The Coast
                                           which we address in turn as follows.                    also announce any such changes in the                  Guard’s rule amends the manner in
                                              First, the commenter provided that                   Local Notice to Mariners. The reference                which notice will be provided as to
                                           the Thirteenth Coast Guard District                     to actual notice reflects existing                     which vessels will have a security zone
                                           failed to contact ‘‘interested community                authorities and enforcement practices,                 during the annual Parade of Ships
                                           groups’’ as recommended by the Office                   but we hope that stating it in the Code                during Fleet Week. The Coast Guard
                                           for Civil Rights and Civil Liberties, U.S.              of Federal Regulations will be helpful.                strives to ensure that free speech
                                           Department of Homeland Security, prior                  The change is within the scope of the                  activities are respected and
                                           to implementation of exclusion zones.                   proposed rule, which envisioned using                  accommodated.
                                           As noted by the commenter, the Coast                    actual notice for security zones around                   Seventh, the commenter provided that
                                           Guard published a notice of proposed                    all participating vessels.                             the Coast Guard should require an
                                           rulemaking in the Federal Register,                        The COTP does not designate large                   application for the maritime event,
                                           providing notice of a proposed change                   U.S. Navy vessels—those more than 100                  pursuant to 33 CFR 100.15, as it might
                                           of the notice of an annual security zone.               feet in length overall—that participate                allow for citizens to comment on the
                                              Second, the commenter provided that                  in the parade as designated participating              entire event in a meaningful way. The
                                           the Parade of Ships fails to comply with                vessels because persons who violate the                Coast Guard’s position with respect to
                                           33 CFR 100.15, which details the                        naval vessel protection zone around                    marine event permits can be found in
                                           procedures for submission of a marine                   those vessels, which are issued under 14               the response to this commenter’s second
                                           event permit, and that the event had                    U.S.C. 91 authority, are already subject               comment. Citizens may comment on the
                                           never been conducted in a lawful                        to penalties under 33 U.S.C. 1232.                     event in any way that is provided for
                                           manner. The Coast Guard has                             Whether a large U.S. Navy vessels is in                under the protections of the First
                                           determined that in light of the existing                Parade of Ships or not, it will be                     Amendment.
                                           regulations in place, such as the Naval                 surrounded by a naval vessel protection                   Eighth, the commenter provided that
                                           Vessel Protection Zone in 33 CFR                        zone and persons should comply with                    proposed revisions to 33 CFR 165.1333
                                           165.2030, and the subject regulation, 33                the provisions of that regulation.                     expand restricted zones in Elliot Bay.
                                           CFR 165.1333, the Parade of Ships will                     Fourth, the commenter provided that                 The proposed amendment to 33 CFR
                                           not introduce extra or unusual hazards                  Broadcast Notice to Mariners before and                165.1333 did not expand the geographic
                                           to the safety of life on the navigable                  during the event is insufficient notice.               size nor timeframe of the security zone.
                                           waters of the United States such that a                 The proposed regulatory change                            After considering all the foregoing
                                           marine event permit would be required                   provides that the security zones will be               comments, the Coast Guard amended
                                           under 33 CFR 100.15. The commenter                      enforced with actual notice which meets                paragraph (a) of the regulatory text to
                                           provided a discussion on the                            the standard set in 5 U.S.C. 552(a)(1).                maintain the notice while adding a
                                           information required in a marine event                  The Coast Guard considered the                         provision providing for the Coast Guard
                                           permit application. As the discussion on                commenter’s concerns about receiving                   to use actual notice for any vessels
                                           what is required in a marine event                      Broadcast Notice to Mariners and, in                   designated as participating vessels after
                                           permit does not relate to the proposed                  response we revised the regulatory text                the notice is issued. This maintains the
                                           amendments to 33 CFR 165.1333, no                       to include an email and a phone number                 notice but clarifies that we can address
                                           further response is required.                           which members of the public can                        last minute changes to participating
                                              Third, the commenter provided that                   contact the Captain of the Port to receive             vessels because of operational needs.
                                           proposed revisions to 33 CFR 165.1333                   an updated list of participating vessels.              We also amended paragraph (e) to
                                           are actually due to previous Coast Guard                Furthermore, the Coast Guard actively                  reflect additional methods of obtaining
                                           errors instead of changing schedules,                   conducts outreach to those participating               an up to date list of participating
                                           because it appears from prior                           in planned First Amendment activities                  vessels, and we included both the date
                                           correspondence with the Coast Guard                     related to the Parade of Ships so as to                and times of the period that the
                                           that the Coast Guard may have                           ensure the safety of all participants, and             regulation will be enforced, as opposed
                                           mistakenly left out U.S. Navy vessels                   that participants of such activities are               to just the date.
                                           from the applicability of this zone.                    aware of all means to obtain the names                    This rule amends the way in which
                                           Naval Vessel Protection Zones under 33                  of the vessels to which regulations                    the Coast Guard informs the public of
                                           CFR 165.2030 apply to large U.S. Navy                   apply.                                                 the Seattle Seafair Fleet Week Parade. In
                                           vessels, which have historically                           Fifth, the commenter provided that an               order to provide notice to the public
                                           participated in the Parade of Ships. As                 accurate list of vessels in the Parade of              regarding the vessels requiring the
                                           stated in the NPRM for the regulatory                   Ships is essential for vessel operators                security zones, the Coast Guard will
                                           change we proposed, the reason why                      engaged in First Amendment activities.                 continue to publish a notice in the
                                           this rule is being amended is due to last               The Coast Guard concurs with this                      Federal Register identifying designated
                                           minute changes in the vessels                           comment, but has pointed to the                        participating vessels. We will also list in
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                                           participating in the Parade of Ships due                problem of last-minute changes making                  those notices the times, in addition to
                                           to operational needs. Based on this                     this objective difficult to achieve.                   the dates, that the security zones will be
                                           comment, however, we have decided to                    Instead of eliminating the notice                      enforced. We will use actual notice to
                                           make a change from our proposed                         identifying participating vessels, as                  make persons aware of changes to the
                                           amendment to § 165.1333. We are                         proposed, we will use actual notice to                 notice identifying designated
                                           amending § 165.1333(a) to explain that                  enforce security zones around vessels                  participating vessels and we will


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                                                              Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations                                          30347

                                           identify all designated participating                   organization, or governmental                          State, local, or tribal government, in the
                                           vessels, included those added late, in                  jurisdiction and you have questions                    aggregate, or by the private sector of
                                           both Local Notice to Mariners and                       concerning its provisions or options for               $100,000,000 (adjusted for inflation) or
                                           Broadcast Notice to Mariners.                           compliance, please contact the person                  more in any one year. Though this rule
                                                                                                   listed in the FOR FURTHER INFORMATION                  will not result in such an expenditure,
                                           V. Regulatory Analyses
                                                                                                   CONTACT section.                                       we do discuss the effects of this rule
                                             We developed this rule after                             Small businesses may send comments                  elsewhere in this preamble.
                                           considering numerous statutes and                       on the actions of Federal employees
                                           Executive orders related to rulemaking.                 who enforce, or otherwise determine                    F. Environment
                                           Below we summarize our analyses                         compliance with, Federal regulations to
                                           based on a number of these statutes and                                                                          We have analyzed this rule under
                                                                                                   the Small Business and Agriculture
                                           Executive orders, and we discuss First                  Regulatory Enforcement Ombudsman                       Department of Homeland Security
                                           Amendment rights of protestors.                         and the Regional Small Business                        Directive 023–01 and Commandant
                                                                                                   Regulatory Fairness Boards. The                        Instruction M16475.1D, which guide the
                                           A. Regulatory Planning and Review                                                                              Coast Guard in complying with the
                                                                                                   Ombudsman evaluates these actions
                                              Executive Orders 12866 and 13563                     annually and rates each agency’s                       National Environmental Policy Act of
                                           direct agencies to assess the costs and                 responsiveness to small business. If you               1969 (42 U.S.C. 4321–4370f), and have
                                           benefits of available regulatory                        wish to comment on actions by                          determined that this action is one of a
                                           alternatives and, if regulation is                      employees of the Coast Guard, call                     category of actions that do not
                                           necessary, to select regulatory                         1–888–REG–FAIR (1–888–734–3247).                       individually or cumulatively have a
                                           approaches that maximize net benefits.                  The Coast Guard will not retaliate                     significant effect on the human
                                           Executive Order 13771 directs agencies                  against small entities that question or                environment. This rule involves
                                           to control regulatory costs through a                   complain about this rule or any policy                 amending the way in which the Coast
                                           budgeting process. This rule has not                    or action of the Coast Guard.                          Guard will notify the public which
                                           been designated a ‘‘significant                                                                                vessels are designated participants in
                                           regulatory action,’’ under Executive                    C. Collection of Information                           Seattle’s Seafair Fleet Week. It is
                                           Order 12866. Accordingly, this rule has                   This rule will not call for a new                    categorically excluded from further
                                           not been reviewed by the Office of                      collection of information under the                    review under paragraph L60(a) of
                                           Management and Budget (OMB), and                        Paperwork Reduction Act of 1995 (44                    Appendix A, Table 1 of DHS Instruction
                                           pursuant to OMB guidance it is exempt                   U.S.C. 3501–3520).                                     Manual 023–01–001–01, Rev. 01. A
                                           from the requirements of Executive                                                                             Record of Environmental Consideration
                                                                                                   D. Federalism and Indian Tribal
                                           Order 13771.                                                                                                   supporting this determination is
                                              This regulatory action determination                 Governments
                                                                                                                                                          available in the docket where indicated
                                           is based on the fact that this rule only                   A rule has implications for federalism              under ADDRESSES.
                                           changes the means by which the public                   under Executive Order 13132,
                                           will be notified about the security zone.               Federalism, if it has a substantial direct             G. Protest Activities
                                                                                                   effect on the States, on the relationship
                                           B. Impact on Small Entities                             between the national government and                      The Coast Guard respects the First
                                              The Regulatory Flexibility Act of                    the States, or on the distribution of                  Amendment rights of protesters.
                                           1980, 5 U.S.C. 601–612, as amended,                     power and responsibilities among the                   Protesters are asked to contact the
                                           requires Federal agencies to consider                   various levels of government. We have                  person listed in the FOR FURTHER
                                           the potential impact of regulations on                  analyzed this rule under that Order and                INFORMATION CONTACT section to
                                           small entities during rulemaking. The                   have determined that it is consistent                  coordinate protest activities so that your
                                           term ‘‘small entities’’ comprises small                 with the fundamental federalism                        message can be received without
                                           businesses, not-for-profit organizations                principles and preemption requirements                 jeopardizing the safety or security of
                                           that are independently owned and                        described in Executive Order13132.                     people, places or vessels.
                                           operated and are not dominant in their                     Also, this rule does not have tribal                List of Subjects in 33 CFR Part 165
                                           fields, and governmental jurisdictions                  implications under Executive Order
                                           with populations of less than 50,000.                   13175, Consultation and Coordination                     Harbors, Marine safety, Navigation
                                           The Coast Guard received no comments                    with Indian Tribal Governments,                        (water), Reporting and recordkeeping
                                           from the Small Business Administration                  because it does not have a substantial                 requirements, Security measures,
                                           on this rulemaking. The Coast Guard                     direct effect on one or more Indian                    Waterways.
                                           certifies under 5 U.S.C. 605(b) that this               tribes, on the relationship between the
                                           rule will not have a significant                        Federal Government and Indian tribes,                    For the reasons discussed in the
                                           economic impact on a substantial                        or on the distribution of power and                    preamble, the Coast Guard amends 33
                                           number of small entities.                               responsibilities between the Federal                   CFR part 165 as follows:
                                              While some owners or operators of                    Government and Indian tribes. If you
                                           vessels intending to transit the safety                 believe this rule has implications for                 PART 165—REGULATED NAVIGATION
                                           zone may be small entities, for the                     federalism or Indian tribes, please                    AREAS AND LIMITED ACCESS AREAS
                                           reasons stated in section V.A above, this               contact the person listed in the FOR
                                           rule will not have a significant                        FURTHER INFORMATION CONTACT section.                   ■ 1. The authority citation for part 165
                                           economic impact on any vessel owner                                                                            continues to read as follows:
                                           or operator.                                            E. Unfunded Mandates Reform Act
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                                                                                                                                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                              Under section 213(a) of the Small                      The Unfunded Mandates Reform Act                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                           Business Regulatory Enforcement                         of 1995 (2 U.S.C. 1531–1538) requires                  Department of Homeland Security Delegation
                                           Fairness Act of 1996 (Pub. L. 104–121),                 Federal agencies to assess the effects of              No. 0170.1.
                                           we want to assist small entities in                     their discretionary regulatory actions. In
                                           understanding this rule. If the rule                    particular, the Act addresses actions                  ■ 2. Amend § 165.1333 by revising
                                           would affect your small business,                       that may result in the expenditure by a                paragraphs (a) and (e) to read as follows:


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                                           30348              Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations

                                           § 165.1333 Security Zones, Seattle’s                    ACTION:   Final rule.                                  I. Background
                                           Seafair Fleet Week moving vessels, Puget
                                           Sound, WA.                                                                                                       On August 25, 2017, EPA proposed to
                                                                                                   SUMMARY:    The Environmental Protection               approve a revision to the Iowa State
                                              (a) Location. The following areas are                Agency (EPA) is taking final action to                 Implementation Plan (SIP) which
                                           security zones: All navigable waters                    approve a revision to the State                        amended the Administrative Consent
                                           within 500 yards of each designated                     Implementation Plan (SIP) submitted by                 Order (ACO) for Grain Processing
                                           participating vessel in the Parade of                   the State of Iowa for the purpose of                   Corporation (GPC), Muscatine, Iowa.
                                           Ships while each such vessel is in the                  incorporating an amendment to the                      The revision amended the ACO to
                                           Sector Puget Sound Captain of the Port                  Administrative Consent Order (ACO) for                 change the date for completion of
                                           (COTP) zone, as defined in 33 CFR                       Grain Processing Corporation (GPC),                    performance testing from May 31, 2017,
                                           3.65–10, during a time specified in                     Muscatine, Iowa. The revision amends                   to May 31, 2018, to allow the state more
                                           paragraph (e) of this section. The Coast                the ACO to change the date for                         time to complete processing the
                                           Guard will publish a notice in the                      completion of performance testing to                   remaining air construction permit
                                           Federal Register each year before the                   allow the state more time to complete                  applications submitted by GPC, and to
                                           start of the Seattle Seafair Fleet Week to              processing air construction permit                     specify testing requirements as
                                           identify the designated participating                   applications submitted by GPC and                      appropriate in the remaining final
                                           vessels for that year. Should information               specify testing requirements as                        permits. See 82 FR 40519. In
                                           in the notice change after publication, as              appropriate in the final permits. This                 conjunction with the August 25, 2017
                                           it may for operational reasons, the Coast               revision will not impact the schedule                  notice of proposed rulemaking (NPR),
                                           Guard will use actual notice to enforce                 for installation and operation of control              EPA issued a direct final rule (DFR)
                                           security zones around participating                     equipment, will not alter any other                    approving the amended ACO. See 82 FR
                                           vessels not in the published notice. The                compliance dates, and will not                         40491. In the DFR, EPA stated that if
                                           Coast Guard will also provide this                      adversely affect air quality in                        adverse comments were submitted to
                                           information in the Local Notice to                      Muscatine, Iowa. The state held a 30-                  EPA by September 25, 2017, the action
                                           Mariners.                                               day comment period, during which no                    would be withdrawn and not take effect.
                                           *      *     *     *     *                              comments were received.                                EPA received an adverse comment prior
                                              (e) Annual enforcement period. The                                                                          to the close of the comment period. EPA
                                           security zones described in paragraph                   DATES: This final rule is effective on July
                                                                                                   30, 2018.                                              withdrew the DFR on October 12, 2017.
                                           (a) of this section will be enforced                                                                           See 82 FR 47396.
                                           during Seattle Seafair Fleet Week each                  ADDRESSES:    EPA has established a                      On April 11, 2018, EPA proposed to
                                           year for a period of up to 1 week. The                  docket for this action under Docket ID                 incorporate the amendment to the ACO
                                           Seattle Seafair Fleet Week will occur                   No. EPA–R07–OAR–2017–0143. All                         for GPC. See 83 FR 15526. A revised
                                           annually sometime between July 25 and                   documents in the docket are listed on                  Technical Support Document was
                                           August 14. The annual notice published                  the https://www.regulations.gov                        included in the docket that addressed
                                           in the Federal Register identifying the                 website. Although listed in the index,                 background information with regard to
                                           designated participating vessels will                   some information is not publicly                       air quality in Muscatine, Iowa, as well
                                           contain the dates and times that this                   available, i.e., CBI or other information              as declining design values for the
                                           section will be enforced. The Coast                     whose disclosure is restricted by statute.             National Ambient Air Quality Standard
                                           Guard will issue a Broadcast Notice to                  Certain other material, such as                        for fine particulate matter with a
                                           Mariners before the start of the Seattle                copyrighted material, is not placed on                 diameter of 2.5 microns or smaller
                                           Seafair Fleet Week to identify the                      the internet and will be publicly                      (PM2.5). The proposal also addressed
                                           designated participating vessels for that               available only in hard copy form.                      EPA’s response to the adverse
                                           year. In addition, members of the public                Publicly available docket materials are                comments. The comment period for the
                                           may contact the Sector Puget Sound                      available through https://                             proposed action ended on May 11, 2018.
                                           COTP at (206) 217–6002 for a list of                    www.regulations.gov or please contact                  Three comments were received that
                                           participating vessels.                                  the person identified in the FOR FURTHER               were not related to the scope of the
                                              Dated: June 22, 2018.                                INFORMATION CONTACT section for                        proposed rulemaking and therefore, will
                                           M.M. Balding,                                           additional information.                                not be addressed in this final
                                           Captain, U.S. Coast Guard, Acting Captain               FOR FURTHER INFORMATION CONTACT:                       rulemaking.
                                           of the Port Puget Sound.                                Heather Hamilton, Environmental                        II. What is being addressed in this
                                           [FR Doc. 2018–13899 Filed 6–27–18; 8:45 am]             Protection Agency, Air Planning and                    document?
                                           BILLING CODE 9110–04–P                                  Development Branch, 11201 Renner
                                                                                                                                                            This final action approves a revision
                                                                                                   Boulevard, Lenexa, Kansas 66219 at
                                                                                                                                                          to the Iowa State Implementation Plan
                                                                                                   (913) 551–7039, or by email at
                                                                                                                                                          (SIP) submitted by the State of Iowa for
                                           ENVIRONMENTAL PROTECTION                                hamilton.heather@epa.gov.
                                                                                                                                                          the purpose of incorporating an
                                           AGENCY
                                                                                                   SUPPLEMENTARY INFORMATION:                             amendment to the Administrative
                                           40 CFR Part 52                                          Throughout this document ‘‘we,’’ ‘‘us,’’               Consent Order (ACO) with Grain
                                                                                                   and ‘‘our’’ refer to EPA. This section                 Processing Corporation (GPC),
                                           [EPA–R07–OAR–2017–0143; FRL–9979–                       provides additional information by                     Muscatine, Iowa. The revision changes
                                           97—Region 7]                                            addressing the following:                              the date for completion of performance
                                                                                                                                                          testing from May 31, 2017, to May 31,
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                                           Air Plan Approval; Iowa; Amendment                      I. Background
                                           to the Administrative Consent Order,                    II. What is being addressed in this document?          2018, and will allow the state more time
                                           Grain Processing Corporation,                           III. Have the requirements for approval of a           to complete processing air construction
                                           Muscatine, Iowa; Final Rule                                   SIP submission been met?                         permit applications submitted by GPC
                                                                                                   IV. What action is EPA taking?                         and specify testing requirements as
                                           AGENCY: Environmental Protection                        V. Incorporation by Reference                          appropriate in the final permits. This
                                           Agency (EPA).                                           VI. Statutory and Executive Order Reviews              amendment will not impact the


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Document Created: 2018-11-06 09:54:59
Document Modified: 2018-11-06 09:54:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective July 30, 2018.
ContactIf you have questions on this rule, call or email Petty Officer Zachary Spence, Sector Puget Sound Waterways Management Branch, U.S. Coast Guard; telephone 206-217-6051, email [email protected]
FR Citation83 FR 30345 
RIN Number1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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