83_FR_7680 83 FR 7644 - Safety Zone; Pensacola Bay, Pensacola, FL

83 FR 7644 - Safety Zone; Pensacola Bay, Pensacola, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 36 (February 22, 2018)

Page Range7644-7647
FR Document2018-03663

The Coast Guard proposes to establish a temporary safety zone for all navigable waters on Pensacola Bay within 100 yards of each vessel participating in the Tall Ships Pensacola marine event and parade in Pensacola, FL and within 100 yards of the Port of Pensacola for the duration of the marine event and parade. The proposed rulemaking is necessary to provide for the safety of life and property on these navigable waters during the Tall Ships Pensacola marine event. This proposed rulemaking would prohibit persons and vessels from entering the safety zone unless specifically authorized by the Captain of the Port Sector Mobile (COTP) or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 36 (Thursday, February 22, 2018)
[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Proposed Rules]
[Pages 7644-7647]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03663]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0086]
RIN 1625-AA08


Safety Zone; Pensacola Bay, Pensacola, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for all navigable waters on Pensacola Bay within 100 yards of each 
vessel participating in the Tall Ships Pensacola marine event and 
parade in Pensacola, FL and within 100 yards of the Port of Pensacola 
for the duration of the marine event and parade. The proposed 
rulemaking is necessary to provide for the safety of life and property 
on these

[[Page 7645]]

navigable waters during the Tall Ships Pensacola marine event. This 
proposed rulemaking would prohibit persons and vessels from entering 
the safety zone unless specifically authorized by the Captain of the 
Port Sector Mobile (COTP) or a designated representative. We invite 
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 9, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0086 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LT Kyle D. Berry, Sector Mobile, 
Waterways Management Division, U.S. Coast Guard; telephone 251-441-
5940, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Mobile
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of Proposed Rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The sponsor for the Tall Ships Pensacola marine event submitted an 
application for a marine event permit for the event that will take 
place from 8 a.m. on April 12, 2018 through 8 p.m. on April 15, 2018. 
The event will consist of a boat parade of the tall ships in Pensacola 
Bay on April 12, 2018. The event will also consist of several days of 
public tours and sailings of the tall ships at the Port of Pensacola, 
Pensacola, FL, which is expected to attract several thousand 
spectators. The Captain of the Port Sector Mobile (COTP) has determined 
a safety zone is necessary to protect the public from the potential 
hazards associated with the tall ships during the organized parade, and 
public tours and sailings of these tall ships.
    The purpose of this proposed rulemaking is to ensure the safety of 
vessels and persons during the tall ships' visit on the navigable 
waters of the Pensacola Bay in Pensacola, FL. The Coast Guard proposes 
this rulemaking under authority in 33 U.S.C. 1231.
    The Coast Guard is issuing this Notice of Proposed Rulemaking 
(NPRM) with 15-day prior notice and opportunity to comment pursuant to 
authority under section (d)(3) of the Administrative Procedure Act 
(APA) (5 U.S.C. 553(d)). This provision authorizes an agency to publish 
a rule in less than 30 days before its effective date for ``good cause 
found and published with the rule.'' Under 5 U.S.C. 553(b)(B), the 
Coast Guard finds that good cause exists for publishing this NPRM with 
a 15-day comment period because it is impractical to provide a 30-day 
comment period. This proposed safety zone is necessary to ensure the 
safety of vessels and persons during the tall ships' visit to 
Pensacola. It is impracticable to publish an NPRM with a 30-day comment 
period because we must establish this safety zone by April 12, 2018.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary safety zone on 
Pensacola Bay within 100 yards of each vessel participating in the Tall 
Ships Pensacola marine event from 8 a.m. on April 12, 2018 through 8 
p.m. on April 15, 2018, covering each vessel from when the vessel 
arrives at Pensacola, FL, when moored at the Port of Pensacola, 
30[deg]24'07.2'' N, 87[deg]12'44.7'' W, when underway in parade from 
position 30[deg]24'07.2'' N, 87[deg]12'44.7'' W to 30[deg]19'52.6'' N, 
87[deg]18'31.5'' W, and when the vessel departs Pensacola, FL. The 
Coast Guard also proposes to establish a temporary safety zone on 
Pensacola Bay within 100 yards of the Port of Pensacola for the 
duration of the Tall Ships Pensacola marine event from 8 a.m. on April 
12, 2018 through 8 p.m. on April 15, 2018. The proposed rulemaking is 
needed to provide for the safety of life and property on these 
navigable waters during the Tall Ship Pensacola marine event. This 
proposed rulemaking restricts transit into, through, and within the 
zone unless specifically authorized by the COTP or a designated 
representative. No vessel or person would be permitted to enter the 
zone without obtaining permission from the COTP or a designated 
representative. A designated representative may be a Patrol Commander 
(PATCOM). The PATCOM would be aboard either a Coast Guard or Coast 
Guard Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF-
FM (156.8 MHz) by the call sign ``PATCOM''. All persons and vessels not 
registered with the sponsor as participants or official patrol vessels 
are considered spectators. The ``official patrol vessels'' consist of 
any Coast Guard, state, or local law enforcement and sponsor provided 
vessels assigned or approved by the COTP or a designated representative 
to patrol the zone.
    Spectator vessels desiring to transit the zone may do so only with 
prior approval of the COTP or a designated representative and when so 
directed by that officer would be operated at a minimum safe navigation 
speed in a manner which will not endanger any other vessels. No 
spectator vessel shall anchor, block, loiter, or impede the through 
transit of official patrol vessels in the zone during the effective 
dates and times, unless cleared for entry by or through the COTP or a 
designated representative. Any spectator vessel may anchor outside the 
zone, but may not anchor in, block, or loiter in a navigable channel. 
Spectator vessels may be moored to a waterfront facility within the 
zone in such a way that they shall not interfere with the progress of 
the event. Such mooring must be complete at least 30 minutes prior to 
the establishment of the zone and remain moored through the duration of 
the event.
    The COTP or a designated representative may forbid and control the 
movement of all vessels in the zone. When hailed or signaled by an 
official patrol vessel, a vessel shall come to an immediate stop and 
comply with the directions given. Failure to do so may result in 
expulsion from the zone, citation for failure to comply, or both.
    The COTP or a designated representative may terminate the operation 
of any vessel at any time it is deemed necessary for the protection of 
life or property. The COTP or a designated representative would 
terminate enforcement of the safety zone at the conclusion of the 
event.
    The regulatory text we are proposing appears at the end of this 
document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies

[[Page 7646]]

to control regulatory costs through a budgeting process. This NPRM has 
not been designated a ``significant regulatory action,'' under 
Executive Order 12866. Accordingly, the NPRM has not been reviewed by 
the Office of Management and Budget (OMB), and pursuant to OMB guidance 
it is exempt from the requirements of Executive Order 13771.
    This regulatory action determination is based on size, location, 
and duration of the proposed rulemaking. The proposed safety zone would 
take place on a small area of Pensacola Bay, lasting for only four days 
from April 12, 2018 through April 15, 2018. Additionally, the Coast 
Guard would issue Broadcast Notices to Mariners via VHF-FM marine 
channel 16 about the safety zone so that waterway users may plan 
accordingly for transits during this restriction, and the proposed rule 
would also allow vessels to seek permission from the COTP or a 
designated representative to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, which guides the Coast Guard in complying with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and 
have 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 a safety zone on Pensacola Bay 
within 100 yards of the Port of Pensacola and within 100 yards of any 
vessel participating in the Tall Ships Pensacola marine event and 
parade from April 12, 2018 through April 15, 2018. It is categorically 
excluded from further review under paragraph L60 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of 
Environmental Consideration (REC) supporting this determination is 
available in the docket where indicated under ADDRESSES.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online

[[Page 7647]]

docket at http://www.regulations.gov and can be viewed by following 
that website's instructions. Additionally, if you go to the online 
docket and sign up for email alerts, you will be notified when comments 
are posted or a final rule is published.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T08-0086 to read as follows:


Sec.  165.T08-0086  Safety Zone; Pensacola Bay, Pensacola, FL

    (a) Location. The following area is a safety zone: All navigable 
waters of the Pensacola Bay within 100 yards of each vessel 
participating in the Tall Ships Pensacola marine event and parade and 
within 100 yards of the Port of Pensacola, 30[deg]24'07.2'' N, 
87[deg]12'44.7'' W, Pensacola, FL.
    (b) Enforcement period. This section is effective from 8 a.m. on 
April 12, 2018 through 8 p.m. on April 15, 2018.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into, transiting through, or exiting from this area is 
prohibited unless authorized by the Captain of the Port Sector Mobile 
(COTP) or a designated representative. A designated representative may 
be a Patrol Commander (PATCOM). The PATCOM will be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel. The PATCOM may be 
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
    (3) Persons or vessels seeking to enter into or transit through the 
zone must request permission from the COTP or a designated 
representative. They may be contacted on VHF-FM channels 16 or by 
telephone at 251-441-5976.
    (4) If permission is granted, all persons and vessels must comply 
with the instructions of the COTP or designated representative.
    (5) All persons and vessels not registered with the event sponsor 
as participants or official patrol vessels are considered spectators. 
The ``official patrol vessels'' consist of any Coast Guard, state, or 
local law enforcement and sponsor provided vessels assigned or approved 
by the COTP or a designated representative to patrol the regulated 
area.
    (6) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the COTP or a designated representative 
and when so directed by that officer will be operated at a minimum safe 
navigation speed in a manner that will not endanger participants in the 
zone or any other vessels.
    (7) No spectator vessel shall anchor, block, loiter, or impede the 
through transit of participants or official patrol vessels in the 
regulated area during the effective dates and times, unless cleared for 
entry by the COTP or a designated representative.
    (8) Any spectator vessel may anchor outside the regulated area, but 
may not anchor in, block, or loiter in a navigable channel. Spectator 
vessels may be moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the event. Such mooring must be complete at least 30 minutes prior to 
the establishment of the regulated area and remain moored through the 
duration of the event.
    (9) The COTP or designated representative may forbid and control 
the movement of all vessels in the regulated area. When hailed or 
signaled by an official patrol vessel, a vessel shall come to an 
immediate stop and comply with the directions given. Failure to do so 
may result in expulsion from the area, citation for failure to comply, 
or both.
    (10) The COTP or a designated representative may terminate the 
event or the operation of any vessel at any time it is deemed necessary 
for the protection of life or property.
    (11) The COTP or a designated representative will terminate 
enforcement of the safety zone prior to or at the conclusion of the 
event.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through Broadcast Notices to 
Mariners of the enforcement period for the temporary safety zone as 
well as any changes in the planned schedule.

    Dated: February 15, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-03663 Filed 2-21-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                 7644                  Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Proposed Rules

                                                 occupational licensing is a prerequisite                Your comment—including your name                      In particular, the written request for
                                                 for covered businesses? How would                       and your state—will be placed on the                  confidential treatment that accompanies
                                                 these changes affect the benefits                       public record of this proceeding,                     the comment must include the factual
                                                 provided by the Guides?                                 including, to the extent practicable, on              and legal basis for the request, and must
                                                    (10) Is it necessary to include                      the public Commission website, at                     identify the specific portions of the
                                                 reference works in the Note to Section                  https://www.ftc.gov/policy/public-                    comment to be withheld from the public
                                                 18.2? Are the reference works in the                    comments.                                             record. See FTC Rule 4.9(c). Your
                                                 Note to Section 18.2 authoritative and                     Postal mail addressed to the                       comment will be kept confidential only
                                                 readily and freely available to the                     Commission is subject to delay due to                 if the General Counsel grants your
                                                 public? If not, are there updated                       heightened security screening. As a                   request in accordance with the law and
                                                 editions that are more authoritative and                result, we encourage you to submit your               the public interest. Once your comment
                                                 readily and freely available? Are there                 comments online. To ensure the                        has been posted on the public FTC
                                                 other works in the public domain that                   Commission considers your online                      website—as legally required by FTC
                                                 the Commission should consider in                       comment, you must file it at https://                 Rule 4.9(b)—we cannot redact or
                                                 determining whether claims made for a                   ftcpublic.commentworks.com/ftc/                       remove your comment from the FTC
                                                 covered plant’s quality, size, grade,                   nurseryguides, by following the                       website, unless you submit a
                                                 kind, species, age, maturity, condition,                instruction on the web-based form. If                 confidentiality request that meets the
                                                 etc. are truthful and non-misleading?                   this Notice appears at http://                        requirements for such treatment under
                                                 For example, do federal or state                        www.regulations.gov, you also may file                FTC Rule 4.9(c), and the General
                                                 agricultural authorities provide                        a comment through that website.                       Counsel grants that request.
                                                 guidance sufficient for the Commission,                    If you file your comment on paper,                    Visit the FTC website to read this
                                                 consumers, and covered businesses to                    write ‘‘Nursery Guides, P994248’’ on                  Notice and the news release describing
                                                 determine whether claims made for                       your comment and on the envelope, and                 it. The FTC Act and other laws that the
                                                 covered products are truthful and non-                  mail it to the following address: Federal             Commission administers permit the
                                                 misleading?                                             Trade Commission, Office of the                       collection of public comments to
                                                    (11) Is it necessary to include the                  Secretary, 600 Pennsylvania Avenue                    consider and use in this proceeding as
                                                 mention in the Note to Section 18.2 of                  NW, Suite CC–5610 (Annex A),                          appropriate. The Commission will
                                                 ‘‘plant name lists periodically published               Washington, DC 20580, or deliver your                 consider all timely and responsive
                                                 by the plant societies and the                          comment to the following address:                     public comments that it receives on or
                                                 horticultural organizations selected as                 Federal Trade Commission, Office of the               before April 20, 2018. For information
                                                 international and national cultivar                     Secretary, Constitution Center, 400 7th               on the Commission’s privacy policy,
                                                 registration authorities as enumerated in               Street SW, 5th Floor, Suite 5610,                     including routine uses permitted by the
                                                 Appendix of Naming and Registering                      Washington, DC 20024. If possible,
                                                                                                                                                               Privacy Act, see https://www.ftc.gov/
                                                 New Cultivars?’’ Is the plant name list                 please submit your paper comment to
                                                                                                                                                               site-information/privacy-policy.
                                                 sufficiently specific to be useful to                   the Commission by courier or overnight
                                                 consumers or businesses? Can more                       service.                                                By direction of the Commission.
                                                 specificity be provided as to which                        Because your comment will be placed                Donald S. Clark,
                                                 international and national cultivar                     on the publicly accessible FTC website                Secretary.
                                                 registration authorities are relevant, and              at https://www.ftc.gov, you are solely                [FR Doc. 2018–03569 Filed 2–21–18; 8:45 am]
                                                 how to locate the Appendix of Naming                    responsible for making sure that your                 BILLING CODE 6750–01–P
                                                 and Registering New Cultivars?                          comment does not include any sensitive
                                                    (12) Should the Commission remove                    personal information, such as your or
                                                 mentions of ‘‘industry                                  anyone’s Social Security number; date
                                                                                                         of birth; driver’s license number or other            DEPARTMENT OF HOMELAND
                                                 recommendation’’ and ‘‘industry                                                                               SECURITY
                                                 consensus’’ from the Notes to Sections                  state identification number or foreign
                                                 18.2 and 18.4? Should the Commission                    country equivalent; passport number;                  Coast Guard
                                                 include in the Guides only its own                      financial account number; or credit or
                                                 views, consistent with the Guide’s                      debit card number. You are also solely                33 CFR Part 165
                                                 purpose of furthering the public interest               responsible for ensuring your comment
                                                 in preventing deception?                                does not include any sensitive health                 [Docket Number USCG–2018–0086]
                                                    (13) Do the Guides overlap or conflict               information, such as medical records or
                                                                                                                                                               RIN 1625–AA08
                                                 with federal, state, or local laws or                   other individually identifiable health
                                                 regulations? Do the Guides overlap or                   information. In addition, your comment                Safety Zone; Pensacola Bay,
                                                 conflict with any international laws or                 should not include any ‘‘[t]rade secret or            Pensacola, FL
                                                 regulations?                                            any commercial or financial information
                                                    (14) Have consumer perceptions                       which . . . is privileged or                          AGENCY:   Coast Guard, DHS.
                                                 changed since the Guides were issued                    confidential’’—as provided in Section                 ACTION:   Notice of proposed rulemaking.
                                                 and, if so, do these changes warrant                    6(f) of the FTC Act, 15 U.S.C. 46(f), and
                                                 revising the Guides?                                    FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—               SUMMARY:   The Coast Guard proposes to
                                                    (15) Since the Guides were issued,                   including in particular competitively                 establish a temporary safety zone for all
                                                 what effects, if any, have changes in                   sensitive information such as costs,                  navigable waters on Pensacola Bay
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 relevant technological, economic, or                    sales statistics, inventories, formulas,              within 100 yards of each vessel
                                                 environmental conditions had on the                     patterns, devices, manufacturing                      participating in the Tall Ships Pensacola
                                                 need for or usefulness of the Guides?                   processes, or customer names.                         marine event and parade in Pensacola,
                                                    You can file a comment online or on                     Comments containing material for                   FL and within 100 yards of the Port of
                                                 paper. For the Commission to consider                   which confidential treatment is                       Pensacola for the duration of the marine
                                                 your comment, we must receive it on or                  requested must be filed in paper form,                event and parade. The proposed
                                                 before April 20, 2018. Write ‘‘Nursery                  must be clearly labeled ‘‘Confidential,’’             rulemaking is necessary to provide for
                                                 Guides, P994248’’ on your comment.                      and must comply with FTC Rule 4.9(c).                 the safety of life and property on these


                                            VerDate Sep<11>2014   18:10 Feb 21, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4702   Sfmt 4702   E:\FR\FM\22FEP1.SGM   22FEP1


                                                                       Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Proposed Rules                                          7645

                                                 navigable waters during the Tall Ships                  Coast Guard proposes this rulemaking                  are considered spectators. The ‘‘official
                                                 Pensacola marine event. This proposed                   under authority in 33 U.S.C. 1231.                    patrol vessels’’ consist of any Coast
                                                 rulemaking would prohibit persons and                     The Coast Guard is issuing this Notice              Guard, state, or local law enforcement
                                                 vessels from entering the safety zone                   of Proposed Rulemaking (NPRM) with                    and sponsor provided vessels assigned
                                                 unless specifically authorized by the                   15-day prior notice and opportunity to                or approved by the COTP or a
                                                 Captain of the Port Sector Mobile                       comment pursuant to authority under                   designated representative to patrol the
                                                 (COTP) or a designated representative.                  section (d)(3) of the Administrative                  zone.
                                                 We invite your comments on this                         Procedure Act (APA) (5 U.S.C. 553(d)).                   Spectator vessels desiring to transit
                                                 proposed rulemaking.                                    This provision authorizes an agency to                the zone may do so only with prior
                                                 DATES: Comments and related material                    publish a rule in less than 30 days                   approval of the COTP or a designated
                                                 must be received by the Coast Guard on                  before its effective date for ‘‘good cause            representative and when so directed by
                                                 or before March 9, 2018.                                found and published with the rule.’’                  that officer would be operated at a
                                                 ADDRESSES: You may submit comments                      Under 5 U.S.C. 553(b)(B), the Coast                   minimum safe navigation speed in a
                                                 identified by docket number USCG–                       Guard finds that good cause exists for                manner which will not endanger any
                                                 2018–0086 using the Federal                             publishing this NPRM with a 15-day                    other vessels. No spectator vessel shall
                                                 eRulemaking Portal at http://                           comment period because it is                          anchor, block, loiter, or impede the
                                                 www.regulations.gov. See the ‘‘Public                   impractical to provide a 30-day                       through transit of official patrol vessels
                                                 Participation and Request for                           comment period. This proposed safety                  in the zone during the effective dates
                                                 Comments’’ portion of the                               zone is necessary to ensure the safety of             and times, unless cleared for entry by or
                                                 SUPPLEMENTARY INFORMATION section for
                                                                                                         vessels and persons during the tall                   through the COTP or a designated
                                                 further instructions on submitting                      ships’ visit to Pensacola. It is                      representative. Any spectator vessel
                                                 comments.                                               impracticable to publish an NPRM with                 may anchor outside the zone, but may
                                                                                                         a 30-day comment period because we                    not anchor in, block, or loiter in a
                                                 FOR FURTHER INFORMATION CONTACT: If                     must establish this safety zone by April              navigable channel. Spectator vessels
                                                 you have questions about this proposed                  12, 2018.                                             may be moored to a waterfront facility
                                                 rulemaking, call or email LT Kyle D.                                                                          within the zone in such a way that they
                                                 Berry, Sector Mobile, Waterways                         III. Discussion of Proposed Rule
                                                                                                                                                               shall not interfere with the progress of
                                                 Management Division, U.S. Coast                            The Coast Guard proposes to establish              the event. Such mooring must be
                                                 Guard; telephone 251–441–5940, email                    a temporary safety zone on Pensacola                  complete at least 30 minutes prior to the
                                                 Kyle.D.Berry@uscg.mil.                                  Bay within 100 yards of each vessel                   establishment of the zone and remain
                                                 SUPPLEMENTARY INFORMATION:                              participating in the Tall Ships Pensacola             moored through the duration of the
                                                                                                         marine event from 8 a.m. on April 12,                 event.
                                                 I. Table of Abbreviations                               2018 through 8 p.m. on April 15, 2018,                   The COTP or a designated
                                                 CFR Code of Federal Regulations                         covering each vessel from when the                    representative may forbid and control
                                                 COTP Captain of the Port Sector Mobile                  vessel arrives at Pensacola, FL, when
                                                 DHS Department of Homeland Security
                                                                                                                                                               the movement of all vessels in the zone.
                                                                                                         moored at the Port of Pensacola,                      When hailed or signaled by an official
                                                 FR Federal Register                                     30°24′07.2″ N, 87°12′44.7″ W, when
                                                 MM Mile Marker                                                                                                patrol vessel, a vessel shall come to an
                                                                                                         underway in parade from position                      immediate stop and comply with the
                                                 NPRM Notice of Proposed Rulemaking
                                                 PATCOM Patrol Commander                                 30°24′07.2″ N, 87°12′44.7″ W to                       directions given. Failure to do so may
                                                 § Section                                               30°19′52.6″ N, 87°18′31.5″ W, and when                result in expulsion from the zone,
                                                 U.S.C. United States Code                               the vessel departs Pensacola, FL. The                 citation for failure to comply, or both.
                                                                                                         Coast Guard also proposes to establish                   The COTP or a designated
                                                 II. Background, Purpose, and Legal                      a temporary safety zone on Pensacola
                                                 Basis                                                                                                         representative may terminate the
                                                                                                         Bay within 100 yards of the Port of                   operation of any vessel at any time it is
                                                    The sponsor for the Tall Ships                       Pensacola for the duration of the Tall                deemed necessary for the protection of
                                                 Pensacola marine event submitted an                     Ships Pensacola marine event from 8                   life or property. The COTP or a
                                                 application for a marine event permit                   a.m. on April 12, 2018 through 8 p.m.                 designated representative would
                                                 for the event that will take place from                 on April 15, 2018. The proposed                       terminate enforcement of the safety zone
                                                 8 a.m. on April 12, 2018 through 8 p.m.                 rulemaking is needed to provide for the               at the conclusion of the event.
                                                 on April 15, 2018. The event will                       safety of life and property on these                     The regulatory text we are proposing
                                                 consist of a boat parade of the tall ships              navigable waters during the Tall Ship                 appears at the end of this document.
                                                 in Pensacola Bay on April 12, 2018. The                 Pensacola marine event. This proposed
                                                 event will also consist of several days of              rulemaking restricts transit into,                    IV. Regulatory Analyses
                                                 public tours and sailings of the tall                   through, and within the zone unless                     We developed this proposed rule after
                                                 ships at the Port of Pensacola,                         specifically authorized by the COTP or                considering numerous statutes and
                                                 Pensacola, FL, which is expected to                     a designated representative. No vessel or             Executive orders related to rulemaking.
                                                 attract several thousand spectators. The                person would be permitted to enter the                Below we summarize our analyses
                                                 Captain of the Port Sector Mobile                       zone without obtaining permission from                based on a number of these statutes and
                                                 (COTP) has determined a safety zone is                  the COTP or a designated                              Executive orders and we discuss First
                                                 necessary to protect the public from the                representative. A designated                          Amendment rights of protestors.
                                                 potential hazards associated with the                   representative may be a Patrol
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                                                 tall ships during the organized parade,                 Commander (PATCOM). The PATCOM                        A. Regulatory Planning and Review
                                                 and public tours and sailings of these                  would be aboard either a Coast Guard or                  Executive Orders 12866 and 13563
                                                 tall ships.                                             Coast Guard Auxiliary vessel. The                     direct agencies to assess the costs and
                                                    The purpose of this proposed                         PATCOM may be contacted on Channel                    benefits of available regulatory
                                                 rulemaking is to ensure the safety of                   16 VHF–FM (156.8 MHz) by the call                     alternatives and, if regulation is
                                                 vessels and persons during the tall                     sign ‘‘PATCOM’’. All persons and                      necessary, to select regulatory
                                                 ships’ visit on the navigable waters of                 vessels not registered with the sponsor               approaches that maximize net benefits.
                                                 the Pensacola Bay in Pensacola, FL. The                 as participants or official patrol vessels            Executive Order 13771 directs agencies


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                                                 7646                  Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Proposed Rules

                                                 to control regulatory costs through a                   listed in the FOR FURTHER INFORMATION                 determined that this action is one of a
                                                 budgeting process. This NPRM has not                    CONTACT section. The Coast Guard will                 category of actions that do not
                                                 been designated a ‘‘significant                         not retaliate against small entities that             individually or cumulatively have a
                                                 regulatory action,’’ under Executive                    question or complain about this                       significant effect on the human
                                                 Order 12866. Accordingly, the NPRM                      proposed rule or any policy or action of              environment. This rule involves a safety
                                                 has not been reviewed by the Office of                  the Coast Guard.                                      zone on Pensacola Bay within 100 yards
                                                 Management and Budget (OMB), and                                                                              of the Port of Pensacola and within 100
                                                 pursuant to OMB guidance it is exempt                   C. Collection of Information                          yards of any vessel participating in the
                                                 from the requirements of Executive                        This proposed rule would not call for               Tall Ships Pensacola marine event and
                                                 Order 13771.                                            a new collection of information under                 parade from April 12, 2018 through
                                                    This regulatory action determination                 the Paperwork Reduction Act of 1995                   April 15, 2018. It is categorically
                                                 is based on size, location, and duration                (44 U.S.C. 3501–3520).                                excluded from further review under
                                                 of the proposed rulemaking. The                                                                               paragraph L60 of Appendix A, Table 1
                                                                                                         D. Federalism and Indian Tribal
                                                 proposed safety zone would take place                                                                         of DHS Instruction Manual 023–01–
                                                                                                         Governments
                                                 on a small area of Pensacola Bay, lasting                                                                     001–01, Rev. 01. A Record of
                                                 for only four days from April 12, 2018                     A rule has implications for federalism             Environmental Consideration (REC)
                                                 through April 15, 2018. Additionally,                   under Executive Order 13132,                          supporting this determination is
                                                 the Coast Guard would issue Broadcast                   Federalism, if it has a substantial direct            available in the docket where indicated
                                                 Notices to Mariners via VHF–FM marine                   effect on the States, on the relationship             under ADDRESSES.
                                                 channel 16 about the safety zone so that                between the national government and                     We seek any comments or information
                                                 waterway users may plan accordingly                     the States, or on the distribution of                 that may lead to the discovery of a
                                                 for transits during this restriction, and               power and responsibilities among the                  significant environmental impact from
                                                 the proposed rule would also allow                      various levels of government. We have                 this proposed rule.
                                                 vessels to seek permission from the                     analyzed this proposed rule under that
                                                 COTP or a designated representative to                  Order and have determined that it is                  G. Protest Activities
                                                 enter the zone.                                         consistent with the fundamental                         The Coast Guard respects the First
                                                                                                         federalism principles and preemption                  Amendment rights of protesters.
                                                 B. Impact on Small Entities
                                                                                                         requirements described in Executive                   Protesters are asked to contact the
                                                    The Regulatory Flexibility Act of                    Order 13132.                                          person listed in the FOR FURTHER
                                                 1980, 5 U.S.C. 601–612, as amended,                        Also, this proposed rule does not have             INFORMATION CONTACT section to
                                                 requires Federal agencies to consider                   tribal implications under Executive                   coordinate protest activities so that your
                                                 the potential impact of regulations on                  Order 13175, Consultation and                         message can be received without
                                                 small entities during rulemaking. The                   Coordination with Indian Tribal                       jeopardizing the safety or security of
                                                 term ‘‘small entities’’ comprises small                 Governments, because it would not have                people, places, or vessels.
                                                 businesses, not-for-profit organizations                a substantial direct effect on one or
                                                 that are independently owned and                        more Indian tribes, on the relationship               V. Public Participation and Request for
                                                 operated and are not dominant in their                  between the Federal Government and                    Comments
                                                 fields, and governmental jurisdictions                  Indian tribes, or on the distribution of                 We view public participation as
                                                 with populations of less than 50,000.                   power and responsibilities between the                essential to effective rulemaking, and
                                                 The Coast Guard certifies under 5 U.S.C.                Federal Government and Indian tribes.                 will consider all comments and material
                                                 605(b) that this proposed rule would not                If you believe this proposed rule has                 received during the comment period.
                                                 have a significant economic impact on                   implications for federalism or Indian                 Your comment can help shape the
                                                 a substantial number of small entities.                 tribes, please contact the person listed              outcome of this rulemaking. If you
                                                    While some owners or operators of                    in the FOR FURTHER INFORMATION                        submit a comment, please include the
                                                 vessels intending to transit the safety                 CONTACT section.                                      docket number for this rulemaking,
                                                 zone may be small entities, for the                                                                           indicate the specific section of this
                                                 reasons stated in section IV.A above,                   E. Unfunded Mandates Reform Act                       document to which each comment
                                                 this proposed rule would not have a                        The Unfunded Mandates Reform Act                   applies, and provide a reason for each
                                                 significant economic impact on any                      of 1995 (2 U.S.C. 1531–1538) requires                 suggestion or recommendation.
                                                 vessel owner or operator.                               Federal agencies to assess the effects of                We encourage you to submit
                                                    If you think that your business,                     their discretionary regulatory actions. In            comments through the Federal
                                                 organization, or governmental                           particular, the Act addresses actions                 eRulemaking Portal at http://
                                                 jurisdiction qualifies as a small entity                that may result in the expenditure by a               www.regulations.gov. If your material
                                                 and that this proposed rule would have                  State, local, or tribal government, in the            cannot be submitted using http://
                                                 a significant economic impact on it,                    aggregate, or by the private sector of                www.regulations.gov, contact the person
                                                 please submit a comment (see                            $100,000,000 (adjusted for inflation) or              in the FOR FURTHER INFORMATION
                                                 ADDRESSES) explaining why you think it                  more in any one year. Though this                     CONTACT section of this document for
                                                 qualifies and how and to what degree                    proposed rule would not result in such                alternate instructions.
                                                 this rule would economically affect it.                 an expenditure, we do discuss the                        We accept anonymous comments. All
                                                    Under section 213(a) of the Small                    effects of this rule elsewhere in this                comments received will be posted
                                                 Business Regulatory Enforcement                         preamble.                                             without change to http://
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                                                 Fairness Act of 1996 (Pub. L. 104–121),                                                                       www.regulations.gov and will include
                                                 we want to assist small entities in                     F. Environment                                        any personal information you have
                                                 understanding this proposed rule. If the                  We have analyzed this rule under                    provided. For more about privacy and
                                                 rule would affect your small business,                  Department of Homeland Security                       the docket, visit http://
                                                 organization, or governmental                           Directive 023–01, which guides the                    www.regulations.gov/privacyNotice.
                                                 jurisdiction and you have questions                     Coast Guard in complying with the                        Documents mentioned in this NPRM
                                                 concerning its provisions or options for                National Environmental Policy Act of                  as being available in the docket, and all
                                                 compliance, please contact the person                   1969 (42 U.S.C. 4321–4370f), and have                 public comments, will be in our online


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                                                                       Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Proposed Rules                                          7647

                                                 docket at http://www.regulations.gov                    patrol vessels’’ consist of any Coast                 DEPARTMENT OF HOMELAND
                                                 and can be viewed by following that                     Guard, state, or local law enforcement                SECURITY
                                                 website’s instructions. Additionally, if                and sponsor provided vessels assigned
                                                 you go to the online docket and sign up                 or approved by the COTP or a                          Coast Guard
                                                 for email alerts, you will be notified                  designated representative to patrol the
                                                 when comments are posted or a final                     regulated area.                                       33 CFR Part 165
                                                 rule is published.                                         (6) Spectator vessels desiring to                  [Docket Number USCG–2018–0102]
                                                 List of Subjects in 33 CFR Part 165                     transit the regulated area may do so only
                                                                                                                                                               RIN 1625–AA00
                                                                                                         with prior approval of the COTP or a
                                                   Harbors, Marine safety, Navigation                    designated representative and when so
                                                 (water), Reporting and recordkeeping                                                                          Safety Zones; Recurring Events in
                                                                                                         directed by that officer will be operated             Captain of the Port Duluth Zone
                                                 requirements, Waterways.                                at a minimum safe navigation speed in
                                                   For the reasons discussed in the                      a manner that will not endanger                       AGENCY:   Coast Guard, DHS.
                                                 preamble, the Coast Guard proposes to                   participants in the zone or any other                 ACTION:   Notice of proposed rulemaking.
                                                 amend 33 CFR part 165 as follows:                       vessels.
                                                                                                            (7) No spectator vessel shall anchor,              SUMMARY:   The Coast Guard proposes to
                                                 PART 165—REGULATED NAVIGATION                                                                                 amend its safety zones regulations for
                                                 AREAS AND LIMITED ACCESS AREAS                          block, loiter, or impede the through
                                                                                                         transit of participants or official patrol            annual events in the Captain of the Port
                                                                                                         vessels in the regulated area during the              Duluth Zone. This rule would update
                                                 ■ 1. The authority citation for part 165
                                                                                                         effective dates and times, unless cleared             the locations for seven safety zones, add
                                                 continues to read as follows:
                                                                                                         for entry by the COTP or a designated                 three new safety zones, increase the
                                                   Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                   safety zone radius of six existing
                                                 33 CFR 1.05–1; 6.04–1, 6.04–6, and 160.5;               representative.
                                                                                                                                                               fireworks events, and modify the format
                                                 Department of Homeland Security Delegation                 (8) Any spectator vessel may anchor                of the regulation to list the annual
                                                 No. 0170.1.                                             outside the regulated area, but may not               events and corresponding safety zones
                                                 ■ 2. Add § 165.T08–0086 to read as                      anchor in, block, or loiter in a navigable            in table form. These proposed
                                                 follows:                                                channel. Spectator vessels may be                     amendments would protect spectators,
                                                                                                         moored to a waterfront facility within                participants, and vessels from the
                                                 § 165.T08–0086 Safety Zone; Pensacola                   the regulated area in such a way that
                                                 Bay, Pensacola, FL                                                                                            hazards associated with annual marine
                                                                                                         they shall not interfere with the progress            events and improve the clarity and
                                                    (a) Location. The following area is a                of the event. Such mooring must be                    readability of the regulation.
                                                 safety zone: All navigable waters of the                complete at least 30 minutes prior to the
                                                 Pensacola Bay within 100 yards of each                                                                        DATES: Comments and related material
                                                                                                         establishment of the regulated area and
                                                 vessel participating in the Tall Ships                  remain moored through the duration of                 must be received by the Coast Guard on
                                                 Pensacola marine event and parade and                   the event.                                            or before March 26, 2018.
                                                 within 100 yards of the Port of                                                                               ADDRESSES: You may submit comments
                                                                                                            (9) The COTP or designated
                                                 Pensacola, 30°24′07.2″ N, 87°12′44.7″                                                                         identified by docket number USCG–
                                                                                                         representative may forbid and control
                                                 W, Pensacola, FL.                                                                                             2018–0102 using the Federal
                                                                                                         the movement of all vessels in the
                                                    (b) Enforcement period. This section                                                                       eRulemaking Portal at http://
                                                                                                         regulated area. When hailed or signaled
                                                 is effective from 8 a.m. on April 12,                                                                         www.regulations.gov. Type the docket
                                                                                                         by an official patrol vessel, a vessel shall
                                                 2018 through 8 p.m. on April 15, 2018.                                                                        number (USCG–2018–0102) in the
                                                                                                         come to an immediate stop and comply
                                                    (c) Regulations.                                                                                           ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
                                                    (1) In accordance with the general                   with the directions given. Failure to do
                                                                                                                                                               See the ‘‘Public Participation and
                                                 regulations in § 165.23 of this part, entry             so may result in expulsion from the
                                                                                                                                                               Request for Comments’’ portion of the
                                                 into, transiting through, or exiting from               area, citation for failure to comply, or
                                                                                                                                                               SUPPLEMENTARY INFORMATION section for
                                                 this area is prohibited unless authorized               both.
                                                                                                                                                               further instructions on submitting
                                                 by the Captain of the Port Sector Mobile                   (10) The COTP or a designated                      comments.
                                                 (COTP) or a designated representative.                  representative may terminate the event
                                                                                                         or the operation of any vessel at any                 FOR FURTHER INFORMATION CONTACT:     If
                                                 A designated representative may be a
                                                                                                         time it is deemed necessary for the                   you have questions on this rule, call or
                                                 Patrol Commander (PATCOM). The
                                                                                                         protection of life or property.                       email Lieutenant John Mack, Chief of
                                                 PATCOM will be aboard either a Coast
                                                                                                                                                               Waterways Management, Marine Safety
                                                 Guard or Coast Guard Auxiliary vessel.                     (11) The COTP or a designated                      Unit Duluth, U.S. Coast Guard;
                                                 The PATCOM may be contacted on                          representative will terminate                         telephone 218–725–3818, email
                                                 Channel 16 VHF–FM (156.8 MHz) by                        enforcement of the safety zone prior to               John.V.Mack@uscg.mil.
                                                 the call sign ‘‘PATCOM’’.                               or at the conclusion of the event.
                                                    (3) Persons or vessels seeking to enter                                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            (d) Informational broadcasts. The
                                                 into or transit through the zone must                   COTP or a designated representative                   I. Table of Abbreviations
                                                 request permission from the COTP or a                   will inform the public through
                                                 designated representative. They may be                                                                        CFR Code of Federal Regulations
                                                                                                         Broadcast Notices to Mariners of the                  COTP Captain of the Port
                                                 contacted on VHF–FM channels 16 or                      enforcement period for the temporary                  DHS Department of Homeland Security
                                                 by telephone at 251–441–5976.                           safety zone as well as any changes in the             FR Federal Register
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                                                    (4) If permission is granted, all                    planned schedule.                                     NPRM Notice of proposed rulemaking
                                                 persons and vessels must comply with                                                                          § Section
                                                 the instructions of the COTP or                           Dated: February 15, 2018.
                                                                                                                                                               U.S.C. United States Code
                                                 designated representative.                              M.R. McLellan,
                                                    (5) All persons and vessels not                      Captain, U.S. Coast Guard, Captain of the             II. Background, Purpose, and Legal
                                                 registered with the event sponsor as                    Port Sector Mobile.                                   Basis
                                                 participants or official patrol vessels are             [FR Doc. 2018–03663 Filed 2–21–18; 8:45 am]             On May 31, 2013 the Coast Guard
                                                 considered spectators. The ‘‘official                   BILLING CODE 9110–04–P                                published an NPRM in the Federal


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Document Created: 2018-02-22 02:51:12
Document Modified: 2018-02-22 02:51:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before March 9, 2018.
ContactIf you have questions about this proposed rulemaking, call or email LT Kyle D. Berry, Sector Mobile, Waterways Management Division, U.S. Coast Guard; telephone 251-441- 5940, email [email protected]
FR Citation83 FR 7644 
RIN Number1625-AA08
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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