83 FR 39598 - Safety Zone; Ski Show Sylvan Beach, Fish Creek, Oneida, NY
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 155 (August 10, 2018)
Coast Guard
Federal Register Volume 83, Issue 155 (August 10, 2018)
| Page Range | 39598-39600 | |
| FR Document | 2018-17181 |
[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)] [Rules and Regulations] [Pages 39598-39600] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17181] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0635] RIN 1625-AA00 Safety Zone; Ski Show Sylvan Beach, Fish Creek, Oneida, NY AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for certain waters of Fish Creek during the Ski Show Sylvan Beach. This safety zone is intended to prohibit persons and vessels from a portion of Fish Creek during the Ski Show Sylvan Beach. This temporary safety zone is necessary to protect vessels and racers from the navigational hazards associated with the ski show. DATES: This rule is effective from 12:00 p.m. until 8:00 p.m. on August 12, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0635 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 LTJG Sean Dolan, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9322, email D09-SMB-SECBuffalo-WWM@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History On July 13, 2018 the Coast Guard published a Notice of Proposed Rulemaking (NPRM) titled Ski Show Sylvan Beach; Fish Creek, Oneida, NY (83 FR 32604). In that we discussed why we issued the NPRM and invited comments on our proposed regulatory action related to this Standup Paddleboard race. During the comment period that ended August 2, 2018 we received no relevant comments. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for [[Page 39599]] making this rule effective less than 30 days after publication in the Federal Register because doing so would be impracticable and contrary to the public interest. Delaying the effective date would be contrary to the rule's objectives of enhancing safety of life on the navigable waters and protection of persons and vessels near the event. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Buffalo (COTP) has determined that a ski show on a navigable waterway will pose a significant risk to participants and the boating public. This rule is necessary to protect vessels and racers during the Ski Show Sylvan Beach. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no relevant comments on our NPRM published on July 13, 2018. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule establishes a safety zone from 12:00 p.m. until 8:00 p.m. on August 12, 2018. The safety zone will cover all navigable waters of where Fish Creek meets Oneida Lake starting at position 43[deg]11'36.6'' N, 75[deg]43'53.8'' W then South to 43[deg]11'33.7'' N, 75[deg]43'51.2'' W then East to 43[deg]11'42.4'' N, 75[deg]43'38.6'' W then North to 43[deg]11'44.5'' N, 75[deg]43'39.7'' W then returning to the point of origin. The duration of the zone is intended to enhance the safety of vessels and racers on the navigable waters within the above stated points, before, during, and after the scheduled event. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The Captain of the Port or his designated on-scene representative may be contact via VHF Channel 16. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, duration, and time-of-day of the safety zone. Vessel traffic would not be able to safely transit around this safety zone, which would impact a small designated area of Fish Creek. However, the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone, and the rule would allow vessels to seek permission to enter the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard 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 Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. 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 [[Page 39600]] 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 establishment of a safety zone. 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: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 165.T09-0635 to read as follows: Sec. 165.T09-0635 Safety Zone; Ski Show Sylvan Beach; Fish Creek, Oneida, NY. (a) Location. The safety zone will encompass all waters of Fish Creek in Oneida, NY, starting at position 43[deg]11'36.6'' N, 75[deg]43'53.8'' W then South to 43[deg]11'33.7'' N, 75[deg]43'51.2'' W then East to 43[deg]11'42.4'' N, 75[deg]43'38.6'' W then North to 43[deg]11'44.5'' N, 75[deg]43'39.7'' W then returning to the point of origin (NAD 83). (b) Enforcement period. This rule is effective from 12:00 p.m. until 8:00 p.m. on August 12, 2018. (c) Regulations. (1) In accordance with the general regulations in Sec. 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Buffalo or his designated on- scene representative. (3) The ``on-scene representative'' of the Captain of the Port Buffalo is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port Buffalo to act on his behalf. (4) Vessel operators desiring to enter or operate within the safety zone must contact the Captain of the Port Buffalo or his on-scene representative to obtain permission to do so. The Captain of the Port Buffalo or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Buffalo, or his on-scene representative. Dated: August 6, 2018. Joseph S. Dufresne, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2018-17181 Filed 8-9-18; 8:45 am] BILLING CODE 9110-04-P
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particular, the Act addresses actions Plymouth, North Carolina, from DEPARTMENT OF HOMELAND
that may result in the expenditure by a approximate positions: Latitude SECURITY
State, local, or tribal government, in the 35°52′25″ N, longitude 076°44′33″ W,
aggregate, or by the private sector of then northwest to latitude 35°52′29″ N, Coast Guard
$100,000,000 (adjusted for inflation) or longitude 076°44′37″ W, then southwest
more in any one year. Though this rule along the shoreline to latitude 35°52′00″ 33 CFR Part 165
will not result in such an expenditure, N, longitude 076°45′31″ W, then south [Docket Number USCG–2018–0635]
we do discuss the effects of this rule to latitude 35°51′56″ N, longitude
elsewhere in this preamble. 076°45′30″ W, then northeast along the RIN 1625–AA00
shoreline to the point of origin, a length
F. Environment Safety Zone; Ski Show Sylvan Beach,
of approximately one mile.
We have analyzed this rule under Fish Creek, Oneida, NY
(b) Definitions. As used in this
Department of Homeland Security section— AGENCY: Coast Guard, DHS.
Directive 023–01, which guides the Captain of the Port (COTP) means the ACTION: Temporary final rule.
Coast Guard in complying with the Commander, Sector North Carolina.
National Environmental Policy Act of Official Patrol means any vessel SUMMARY: The Coast Guard is
1969 (42 U.S.C. 4321–4370f), and have assigned by the COTP North Carolina establishing a temporary safety zone for
determined that this action is one of a with a commissioned, warrant, or petty certain waters of Fish Creek during the
category of actions that do not officer on board and displaying the Ski Show Sylvan Beach. This safety
individually or cumulatively have a Coast Guard ensign. zone is intended to prohibit persons and
significant effect on the human Participants means persons and vessels from a portion of Fish Creek
environment. This rule involves a vessels involved in the high-speed boat during the Ski Show Sylvan Beach. This
special local regulation lasting race. temporary safety zone is necessary to
approximately six hours on two separate protect vessels and racers from the
Patrol Commander means a Coast
days that prohibits entry into a portion navigational hazards associated with the
Guard commissioned, warrant, or petty
of the Roanoke River. It is categorically ski show.
officer designated by the COTP North
excluded from further review under DATES: This rule is effective from 12:00
Carolina for the enforcement of the
paragraph L61 of Appendix A, Table 1 p.m. until 8:00 p.m. on August 12, 2018.
special local regulation.
of DHS Instruction Manual 023–01– ADDRESSES: To view documents
(c) Regulations. (1) The requirements
001–01, Rev. 01. A Record of mentioned in this preamble as being
of § 100.501(b) and (c)(1) and (2) apply
Environmental Consideration available in the docket, go to http://
to the area described in paragraph (a) of
supporting this determination is www.regulations.gov, type USCG–2018–
this section.
available in the docket where indicated 0635 in the ‘‘SEARCH’’ box and click
under ADDRESSES. (2) With the exception of participants,
entry into or remaining in this special ‘‘SEARCH.’’ Click on Open Docket
G. Protest Activities local regulation is prohibited unless Folder on the line associated with this
The Coast Guard respects the First authorized by the COTP North Carolina rule.
Amendment rights of protesters. or the COTP North Carolina’s Patrol FOR FURTHER INFORMATION CONTACT: If
Protesters are asked to contact the Commander. All other vessels must you have questions on this rule, call or
person listed in the FOR FURTHER depart the special local regulation email LTJG Sean Dolan, Chief of
INFORMATION CONTACT section to immediately upon the start of Waterways Management, U.S. Coast
coordinate protest activities so that your enforcement. Guard Sector Buffalo; telephone 716–
message can be received without (3) To request permission transit 843–9322, email D09-SMB-SECBuffalo-
jeopardizing the safety or security of through the special local regulation, WWM@uscg.mil.
people, places or vessels. contact the COTP North Carolina or the SUPPLEMENTARY INFORMATION:
COTP North Carolina’s Patrol
List of Subjects in 33 CFR Part 100 Commander through the Coast Guard I. Table of Abbreviations
Marine safety, Navigation (water), Sector North Carolina Command Duty CFR Code of Federal Regulations
Reporting and recordkeeping Officer, Wilmington, North Carolina, at DHS Department of Homeland Security
requirements, Waterways. telephone number 910–343–3882 or on FR Federal Register
VHF–FM marine band radio channel 13 NPRM Notice of proposed rulemaking
For the reasons discussed in the § Section
preamble, the Coast Guard amends 33 (165.65 MHz) or channel 16 (156.8
U.S.C. United States Code
CFR part 100 as follows: MHz).
(d) Enforcement. The U.S. Coast II. Background Information and
PART 100—SAFETY OF LIFE ON Guard may be assisted in the patrol and Regulatory History
NAVIGABLE WATERS enforcement of the special local
regulation by Federal, State, and local On July 13, 2018 the Coast Guard
■ 1. The authority citation for part 100 agencies. published a Notice of Proposed
continues to read as follows: (e) Enforcement period. This Rulemaking (NPRM) titled Ski Show
Authority: 33 U.S.C. 1233; 33 CFR 1.05– regulation will be enforced from 11 a.m. Sylvan Beach; Fish Creek, Oneida, NY
1. through 5 p.m. on both August 11 and (83 FR 32604). In that we discussed why
■ 2. Add § 100.35T05–0771 to read as 12, 2018. we issued the NPRM and invited
daltland on DSKBBV9HB2PROD with RULES
follows: comments on our proposed regulatory
Dated: August 6 2018. action related to this Standup
§ 100.35T05–0771 Special Local Bion B. Stewart, Paddleboard race. During the comment
Regulation, Roanoke River, Plymouth, NC. Captain, U.S. Coast Guard, Captain of the period that ended August 2, 2018 we
(a) Location. The following area is a Port North Carolina. received no relevant comments.
special local regulation: All navigable [FR Doc. 2018–17222 Filed 8–9–18; 8:45 am] Under 5 U.S.C. 553(d)(3), the Coast
waters of the Roanoke River in BILLING CODE 9110–04–P Guard finds that good cause exists for
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Coast Guard in complying with the Captain of the Port Buffalo or his Miscellaneous metal parts surface
National Environmental Policy Act of designated on-scene representative. coating, miscellaneous plastic parts
1969 (42 U.S.C. 4321–4370f), and have (2) This safety zone is closed to all surface coating, and pleasure craft
determined that this action is one of a vessel traffic, except as may be surface coatings, as well as related
category of actions that do not permitted by the Captain of the Port cleaning activities. The SIP revision also
individually or cumulatively have a Buffalo or his designated on-scene amends regulations for graphic arts
significant effect on the human representative. systems and mobile equipment repair
environment. This rule involves (3) The ‘‘on-scene representative’’ of and refinishing as well as making
establishment of a safety zone. It is the Captain of the Port Buffalo is any general administrative changes. This
categorically excluded from further Coast Guard commissioned, warrant or action is being taken under the Clean
review under paragraph L60(a) of petty officer who has been designated Air Act (CAA).
Appendix A, Table 1 of DHS Instruction by the Captain of the Port Buffalo to act
Manual 023–01–001–01, Rev. 01. A on his behalf. DATES:This final rule is effective on
Record of Environmental Consideration (4) Vessel operators desiring to enter September 10, 2018.
supporting this determination is or operate within the safety zone must ADDRESSES: EPA has established a
available in the docket where indicated contact the Captain of the Port Buffalo docket for this action under Docket ID
under ADDRESSES. or his on-scene representative to obtain Number EPA–R03–OAR–2017–0437. All
permission to do so. The Captain of the documents in the docket are listed on
G. Protest Activities
Port Buffalo or his on-scene the http://www.regulations.gov website.
The Coast Guard respects the First representative may be contacted via Although listed in the index, some
Amendment rights of protesters. VHF Channel 16. Vessel operators given information is not publicly available,
Protesters are asked to contact the permission to enter or operate in the e.g., confidential business information
person listed in the FOR FURTHER safety zone must comply with all (CBI) or other information whose
INFORMATION CONTACT section to directions given to them by the Captain disclosure is restricted by statute.
coordinate protest activities so that your of the Port Buffalo, or his on-scene Certain other material, such as
message can be received without representative. copyrighted material, is not placed on
jeopardizing the safety or security of Dated: August 6, 2018. the internet and will be publicly
people, places or vessels. available only in hard copy form.
Joseph S. Dufresne,
List of Subjects in 33 CFR Part 165 Captain, U.S. Coast Guard, Captain of the Publicly available docket materials are
Port Buffalo. available through http://
Harbors, Marine safety, Navigation www.regulations.gov, or please contact
(water), Reporting and recordkeeping [FR Doc. 2018–17181 Filed 8–9–18; 8:45 am]
the person identified in the FOR FURTHER
requirements, Security measures, BILLING CODE 9110–04–P
INFORMATION CONTACT section for
Waterways. additional availability information.
For the reasons discussed in the
preamble, the Coast Guard amends 33 ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT:
CFR part 165 as follows: AGENCY Gregory A. Becoat, (215) 814 2036, or by
email at becoat.gregory@epa.gov.
PART 165—REGULATED NAVIGATION 40 CFR Part 52
SUPPLEMENTARY INFORMATION: On
AREAS AND LIMITED ACCESS AREAS [EPA–R03–OAR–2017–0437; FRL–9981– November 18, 2016, PADEP submitted a
97—Region 3] revision to the Pennsylvania SIP
■ 1. The authority citation for part 165
continues to read as follows: concerning the adoption of EPA’s CTG
Approval and Promulgation of Air
for miscellaneous metal parts surface
Authority: Authority: 33 U.S.C. 1231; 50 Quality Implementation Plans;
coating processes, miscellaneous plastic
U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, Pennsylvania; Adoption of Control
and 160.5; Department of Homeland Security parts surface coating processes, and
Techniques Guidelines for Control of
Delegation No. 0170.1. pleasure craft surface coatings.
Volatile Organic Compound Emissions
2. Add § 165.T09–0635 to read as Specifically, PADEP has amended 25
■ From Miscellaneous Metal Parts
follows: Pennsylvania Code (Pa. Code) Chapter
Surface Coating, Miscellaneous Plastic
129 (relating to standards for sources) to
Parts Surface Coating, and Pleasure
§ 165.T09–0635 Safety Zone; Ski Show address RACT and further reduce
Sylvan Beach; Fish Creek, Oneida, NY.
Craft Surface Coatings
volatile organic compounds (VOC)
(a) Location. The safety zone will AGENCY: Environmental Protection emissions in Pennsylvania. In
encompass all waters of Fish Creek in Agency (EPA). accordance with sections 172(c)(1),
Oneida, NY, starting at position ACTION: Final rule. 182(b)(2)(A) and 184(b)(1)(B) of the
43°11′36.6″ N, 75°43′53.8″ W then South CAA, Pennsylvania’s SIP revision
to 43°11′33.7″ N, 75°43′51.2″ W then SUMMARY: The Environmental Protection submittal establishes VOC emission
East to 43°11′42.4″ N, 75°43′38.6″ W Agency (EPA) is approving a revision to limitations and other requirements
then North to 43°11′44.5″ N, 75°43′39.7″ the Commonwealth of Pennsylvania’s consistent with the recommendations of
W then returning to the point of origin state implementation plan (SIP). The EPA’s 2008 Control Techniques
(NAD 83). revision includes amendments to the Guidelines for Miscellaneous Metal and
(b) Enforcement period. This rule is Pennsylvania Department of Plastic Parts Coatings (MMPP)
Environmental Protection’s (PADEP) (Publication No. EPA 453/R–08–003;
daltland on DSKBBV9HB2PROD with RULES
effective from 12:00 p.m. until 8:00 p.m.
on August 12, 2018. regulations and addresses the September 2008) and Control
(c) Regulations. (1) In accordance with requirement to adopt reasonably Techniques Guidelines for Automobile
the general regulations in § 165.23 of available control technology (RACT) for and Light-Duty Truck Assembly
this part, entry into, transiting, or sources covered by EPA’s control Coatings for these sources in the
anchoring within this safety zone is techniques guidelines (CTG) standards Commonwealth of Pennsylvania
prohibited unless authorized by the for the following categories: (Publication No. EPA 453/R–08–006).
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Document Created: 2018-08-10 01:57:35
Document Modified: 2018-08-10 01:57:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective from 12:00 p.m. until 8:00 p.m. on August 12, 2018. | |
| Contact | If you have questions on this rule, call or email LTJG Sean Dolan, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9322, email D09-SMB- [email protected] | |
| FR Citation | 83 FR 39598 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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