Special Local Regulations; Recurring Marine Events, Sector Charleston, 33543-33547 [2020-08709]
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Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Rules and Regulations
for paying the taxes may be eligible to
file semimonthly, quarterly, or annual
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§ 70.414
[Amended]
Signed: December 13, 2019.
Mary G. Ryan,
Acting Administrator.
Approved: May 7, 2020.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade and
Tariff Policy).
[FR Doc. 2020–10709 Filed 6–1–20; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2019–0691]
RIN 1625–AA08
Special Local Regulations; Recurring
Marine Events, Sector Charleston
Coast Guard, DHS.
Final rule.
AGENCY:
The Coast Guard is revising
existing regulations and consolidating
into one table the special local
regulations for recurring marine events
at various locations within the
geographic boundaries of the Seventh
Coast Guard District Captain of the Port
(COTP) Charleston Zone. Consolidating
marine events into one table simplifies
Coast Guard oversight and public
notification of special local regulations
within COTP Charleston Zone.
DATES: This rule is effective July 2,
2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0691 in the ‘‘SEACH’’ 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 LT Chad Ray, Sector Charleston
Waterways Management Division, U.S.
Coast Guard; telephone 843–740–3184,
email Chad.L.Ray@uscg.mil.
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SUMMARY:
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I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
13. Section 70.414 is amended in
paragraph (b) by removing the word
‘‘bonded’’.
■
ACTION:
SUPPLEMENTARY INFORMATION:
Recurring race, swim, and other
marine events within the Seventh Coast
Guard District are currently listed in 33
CFR 100.701, Table 1 to § 100.701. The
process for amending the table (e.g.
adding or removing marine events) is
lengthy and inefficient since it includes
recurring marine events for seven
different COTP zones within the
Seventh District. To expedite and
simplify the rulemaking process for new
marine events/special local regulations,
COTP’s resorted to creating individual
rules rather than amending the Table 1
to § 100.701.
This rule serves two purposes: (1)
Create a table of recurring marine
events/special local regulations
occurring solely within the COTP
Charleston Zone, and (2) consolidate
into that table marine events/special
local regulations previously established
outside of Table 1 to § 100.701. The new
table facilitates management of and
public access to information about
marine events within the COTP
Charleston Zone.
The Coast Guard published a notice of
proposed rulemaking (NPRM) titled
‘‘Special Local Regulations; Recurring
Marine Events, Sector Charleston’’ (85
FR 5177). There we stated why we
issued the NPRM, and invited
comments on our proposed regulatory
action. During the comment period that
ended February 28, 2020, we received
no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). This rule
makes the following changes:
1. Revise the contact information in
§ 100.701(d)(1) to read ‘‘Captain of the Port
Charleston, South Carolina: (843) 740–
7050.’’;
2. Delete the existing special local
regulation for the ‘‘Head of South’’ event
listed in existing Table 1 to § 100.701(f)(5)
because it is no longer held;
3. Establish § 100.704 for Special Local
Regulations; Marine Events Within COTP
Zone Charleston;
4. Move the remaining list of existing
marine events/special local regulations listed
in Table 1 to § 100.701(f) under COTP Zone
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33543
Charleston; Special Local Regulations to new
§ 100.704, Table 1 to § 100.704;
5. Add new event, ‘‘Cooper River Bridge
Run’’ to new Table 1 to § 100.704, Line 1;
6. Add new event, ‘‘Myrtle Beach
Triathlon’’ to new Table 1 § 100.704, Line 3;
7. Add new event, ‘‘North Charleston
Fireworks’’ to new Table 1 § 100.704, Line 5;
8. Add new event, ‘‘Patriots Point
Fireworks’’ to new Table 1 § 100.704, Line 6;
9. Add new event, ‘‘Beaufort Water Festival
Air Show’’ to new Table 1 § 100.704, Line 8;
10. Revise the dates for the existing event,
‘‘Charleston Race Week’’ listed in new
§ 100.704, Line 2 to one week (Monday
through Sunday) in April;
11. Revise the dates for the existing event,
‘‘Low Country Splash’’ listed in new Table 1
to § 100.704, Line 4 to one Saturday or
Sunday during the last two weeks of May or
the first two weeks of June;
12. Revise the dates for the existing event,
‘‘Beaufort Water Festival’’ listed in new Table
1 to § 100.704, Line 7 to ten consecutive days
(Friday through Sunday) in July;
13. Revise the dates for the existing event,
‘‘Swim Around Charleston’’ listed in new
Table 1 to § 100.704, Line 9 to one weekend
day (Saturday or Sunday) during the last two
weeks of September through the first two
weeks of October;
14. Revise the dates for the existing event,
‘‘Charleston Parade of Boats’’ in new Table 1
to to § 100.704, Line 10 to one weekend day
(Friday, Saturday, or Sunday) in December;
and
15. Delete existing § 100.713, which
contains a special local regulation for the
Annual Harborwalk Boat Race; Sampit River,
Georgetown, SC because it is no longer held.
The marine events listed in the new
Table 1 to § 100.704 are scheduled to
occur over a particular weekend and
month each year. Exact dates are
intentionally omitted since calendar
dates for a specific weekend change
from year to year. Once dates for a
marine event are known, the Coast
Guard will notify the public of its intent
to enforce the special local regulation
through various means including a
Notice of Enforcement published in the
Federal Register, Local Notice to
Mariners, and Broadcast Notice to
Mariners.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
January 29, 2020. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule revises existing regulations
and consolidates the special local
regulations into one table for recurring
marine events at various locations
within the geographic boundaries of the
Seventh Coast Guard District Captain of
the Port (COTP) Charleston Zone.
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Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Rules and Regulations
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.
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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, the 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, and
duration of the special local regulations.
These areas are limited in size and
duration, and usually do not affect high
vessel traffic areas. Moreover, the Coast
Guard would provide advance notice of
the regulated areas to the local maritime
community Local Notice to Mariners,
Broadcast to Mariners via VHF–FM
marine channel 16, and the rule would
allow vessels to seek permission to enter
the regulated area.
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
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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 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.
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
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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
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, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This rule involves the
establishment of special local
regulations for recurring marine events
within the COTP Charleston Zone.
Normally such actions are categorically
excluded from further review under
paragraphs L61 of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1. A preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
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 100
Harbors, Marine Safety, Navigation
(water), Reporting and Record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. In § 100.701:
a. Revise paragraph (d)(1); and
b. Remove section (e) from table 1 to
the section.
The revision reads as follows:
■
■
■
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Federal Register / Vol. 85, No. 106 / Tuesday, June 2, 2020 / Rules and Regulations
§ 100.701 Special Local Regulations;
Marine Events in the Seventh Coast Guard
District.
*
*
*
*
*
(d) * * *
(1) Captain of the Port Charleston,
South Carolina: (843) 740–7050.
*
*
*
*
*
■
3. Add § 100.704 to read as follows:
§ 100.704 Special Local Regulations;
Marine Events within the Captain of the Port
Charleston.
The regulations in this section apply
to the marine events listed in Table 1 of
this section. The regulations in this
section will be effective annually for the
duration listed in Table 1 of this section.
The Coast Guard will notify the
maritime community of exact dates and
times each regulation will be in effect
and the nature of each event (e.g.
location, number of participants, type of
vessels involved, etc.) through a Notice
of Enforcement published in the Federal
Register, Local Notice to Mariners, and
Broadcast Notice to Mariners.
(a) Definitions. The following
definitions apply to this section:
(1) Designated representative. The
term ‘‘designated representative’’ means
Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty
officers, others operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port (COTP) Charleston
in the enforcement of the regulated
areas.
(2) Spectators. All persons and vessels
not registered with the event sponsor as
participants.
(b) Event patrol. The Coast Guard may
assign an event patrol, as described in
§ 100.40, to each regulated event listed
in Table 1 of this section. Additionally,
a Patrol Commander may be assigned to
oversee the patrol. The event patrol and
Patrol Commander may be contacted on
VHF Channel 16.
(c) Special local regulations. (1) The
COTP Charleston or designated
representative may control the
movement of all vessels in the regulated
area. When hailed or signaled by an
official patrol vessel, a vessel in these
areas shall immediately comply with
the directions given. Failure to do so
33545
may result in removal from the area,
citation for failure to comply, or both.
(2) The COTP Charleston or
designated representative may terminate
the event, or the operation of any vessel
participating in the event, at any time it
is deemed necessary for the protection
of life or property.
(3) Only event sponsor designated
participants and official patrol vessels
are allowed to enter the regulated area,
unless otherwise authorized by the
COTP Charleston or designated
representative.
(4) Spectators may request permission
from the COTP Charleston or designated
representative to enter, transit, remain
within, or anchor in the regulated area.
If permission is granted, spectators must
abide by the directions of the COTP
Charleston or a designated
representative.
(d) Event delays or termination. The
COTP Charleston or designated
representative may delay or terminate
any event in this section at any time to
ensure safety of life or property. Such
action may be justified as a result of
weather, traffic density, spectator
operation, or participant behavior.
TABLE 1 TO § 100.704—SPECIAL LOCAL REGULATIONS; MARINE EVENTS WITHIN THE CAPTAIN OF THE PORT
CHARLESTON
[Datum NAD 1983]
Date/time
1. The First Saturday in
April:
Time (Approximate): 7
a.m. to 10 a.m.
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2. One week (Monday
through Sunday) in April:
Time (Approximate): 8
a.m. to 5 p.m. each
day.
Event/sponsor
Location
Regulated area
Cooper River Bridge Run ..
Sponsor: The Cooper
River Bridge Run Executive Committee.
Charleston, SC and Mt.
Pleasant, SC.
Location: The following is a safety or security zone. All
waters of the Cooper River, and Town Creek
Reaches encompassed within the following points:
Beginning at 32°48′32″ N, 079°56′08″ W, thence
east to 32°48′20″ N, 079°54′20″ W, thence south to
32°47′20″ N, 079°54′29″ W, thence west to
32°47′20″ N, 079°55′28″ W, thence north to origin.
Charleston Race Week .....
Sponsor: Charleston Race
Week LLC.
Charleston, SC ..................
Location: There are five race areas:
(i) Race Area #1. All waters of the Charleston Harbor
encompassed within a 700 yard radius of position
32°46′10″ N, 079°55′15″ W.
(ii) Race Area #2. All waters of the Charleston Harbor
encompassed within a 700 yard radius of position
32°46′02″ N, 079°54′15″ W.
(iii) Race Area #3. All waters of the Charleston Harbor
encompassed within a 700 yard radius of position
32°45′55″ N, 079°53′39″ W.
(iv) Race Area #4. All waters of the Charleston Harbor
encompassed within a 600 yard radius of position
32°47′40″ N, 079°55′10″ W.
(v) Race Area #5. All waters of the Charleston Harbor
and Entrance Channel encompassed within a 500
yard radius of position 32°45′34″ N, 79°52′09″ W
continuing to Charleston Entrance Channel Buoys
Green 11 (LLN 2395.5) and Red 12 (LLN 2400).
3. One Saturday or Sunday
in April:
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TABLE 1 TO § 100.704—SPECIAL LOCAL REGULATIONS; MARINE EVENTS WITHIN THE CAPTAIN OF THE PORT
CHARLESTON—Continued
[Datum NAD 1983]
Date/time
Time (Approximate):
7:30 a.m. to 9:30 a.m.
4. One Saturday or Sunday
during the last two weeks
of May or the first two
weeks of June:
Time (Approximate): 6
a.m. to 11 a.m.
5. One night during the first
week of July:
Time (Approximate): 8
p.m. to 10 p.m.
6. One night during the first
week of July:
Time (Approximate): 8
p.m. to 10 p.m.
7. Ten consecutive days
(Friday through the next
Sunday) in July:
Time (Approximate): 8
a.m. to 5 p.m. each
day.
8. One Saturday or Sunday
in July:
Time (Approximate): 12
p.m. to 5 p.m.
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9. One Saturday or Sunday
during the last two weeks
of September or the first
two weeks of October:
Time (Approximate):
7:30 a.m. to 2 p.m.
Event/sponsor
Location
Regulated area
Myrtle Beach Triathlon ......
Sponsor: GO Race Productions.
Myrtle Beach, SC ..............
Location: The following is a safety zone: Certain waters of the Atlantic Intracoastal Waterway within the
following two points of position and the North shore:
33°45′03″ N, 78°50′47″ W to 33°45′18″ N,
78°50′14″ W, located in Myrtle Beach, South Carolina.
Low Country Splash ..........
Sponsor: Logan Rutledge
Children’s Foundation.
Charleston, SC and Mt.
Pleasant, SC.
Location: All waters within a moving safety zone, beginning at Daniel Island Pier in approximate position
32°51′20″ N, 079°54′06″ W, south along the coast
of Daniel Island, across the Wando River to Hobcaw
Yacht Club, in approximate position 32°49′20″ N,
079°53′49″ W, south along the coast of Mt. Pleasant, S.C., to Charleston Harbor Resort Marina, in
approximate position 32°47′20″ N, 079°54′39″ W.
North Charleston Fireworks
Sponsor: City of North
Charleston.
North Charleston, SC ........
Location: The following is a safety zone. All waters
within a 500-yard radius of the barge, from which
fireworks will be launched on the bank of the Cooper River at River Front Park in North Charleston,
South Carolina.
Patriots Point Fireworks ....
Sponsor: USS Yorktown
Foundation Patriot’s
Naval Museum.
Mt. Pleasant, SC ...............
Location: The following is a safety zone: All waters
within a 500-yard radius of the barge, from which
fireworks will be launched on the bank of the Cooper River at Patriots Point in Charleston, SC.
Beaufort Water Festival .....
Sponsor: Beaufort Water
Festival.
Beaufort, SC ......................
Location: All waters 200 yards from seawall at Waterfront Park extending from Lady’s Island Bridge to
Spanish Point in Beaufort, SC.
Beaufort Water Festival Air
Show.
Sponsor: Beaufort Water
Festival.
Beaufort, SC ......................
Location: The following is a safety zone: A portion
Beaufort River near Riverfront Park in Beaufort, SC.
The zone is 700 feet wide by 2600 feet in length on
waters of the Beaufort River encompassed within
the following points: (1) 32°25′47″ N/080°40′44″ W,
(2) 32°25′41″ N/080°40′14″ W, (3) 32°25′35″ N/
080°40′16″ W, (4) 32°25′40″ N/080°40′46″ W.
Swim Around Charleston ..
Sponsor: Kathleen Wilson
Charleston, SC ..................
Location: The following is a moving safety zone. All
waters 50 yards in front of the lead safety vessel
preceding the first race participants, 50 yards behind the safety vessel trailing the last race participants, and at all times extends 100 yards on either
side of safety vessels. The Swim Around Charleston
swimming race consists of a 12 mile course that
starts at Remley’s Point on the Wando River in approximate position 32°48′49″ N, 79°54′27″ W,
crosses the main shipping channel under the main
span of the Ravenel Bridge, and finishes at the I–
526 bridge and boat landing on the Ashley River in
approximate position 32°50′14″ N, 80°01′23″ W.
10. One Friday, Saturday or
Sunday in December:
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33547
TABLE 1 TO § 100.704—SPECIAL LOCAL REGULATIONS; MARINE EVENTS WITHIN THE CAPTAIN OF THE PORT
CHARLESTON—Continued
[Datum NAD 1983]
Date/time
Time (Approximate): 4
p.m. to 9 p.m.
§ 100.713
■
Event/sponsor
Location
Regulated area
Charleston Parade of
Boats.
Sponsor: City of Charleston, SC Office of Cultural
Affairs.
Charleston, SC ..................
Location: Charleston harbor, South Carolina, from Anchorage A through Shutes Folly, Horse Reach, Hog
Island Reach, Town Creek Lower Reach, Ashley
River, and finishing at City Marina.
[Removed]
telephone 414–747–7148, email
Kyle.W.Weitzell@uscg.mil.
4. Remove § 100.713.
SUPPLEMENTARY INFORMATION:
Dated: April 17, 2020.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the
Port, Charleston.
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
[FR Doc. 2020–08709 Filed 6–1–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
II. Background Information and
Regulatory History
Coast Guard
33 CFR Part 100
[Docket Number USCG–2020–0124]
RIN 1625–AA08
Special Local Regulations; Recurring
Marine Events in the Lake Michigan
Captain of the Port Zone
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is updating
its recurring special local regulations for
marine events located within the
Captain of the Port Lake Michigan zone.
This rule reorganizes five separate
regulations of a similar nature currently
listed in the Code of Federal Regulations
into a single regulation, makes minor
formatting changes for consistency,
moves six existing events into this
regulation, updates the dates listed for
events, and lists these regulations in
table form.
DATES: This rule is effective July 2,
2020.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0124 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 Chief Petty Officer Kyle Weitzell,
Waterways Management Division,
Sector Lake Michigan, U.S. Coast Guard;
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ADDRESSES:
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On March 19, 2020, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled ‘‘Special
Local Regulations; Recurring Marine
Events in the Lake Michigan Captain of
the Port Zone’’ (85 FR 15745). There we
stated why we issued the NPRM, and
invited comments on our proposed
regulatory action to revise special local
regulations regarding recurring marine
events within the Captain of the Port
Lake Michigan (COTP) zone. During the
comment period that ended April 20,
2020, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The COTP
has determined that the likely
combination of recreactional vessels,
commercial vessels, and an unknown
number of spectators in close proximity
to these various recurring marine events
in and on the navigable waters of the
United States pose a extra or unusual
hazards to the safety of life on those
waters. Therefore, the COTP has
established special local regulations
around the event locations listed in this
rule to help miniminze risks to safety of
life during these events. This rule
consolidates and makes minor
formatting updates to existing
regulations.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
March 19, 2020. There are no changes
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule reorganizes five separate
regulations of a similar nature currently
listed in the Code of Federal Regulations
(CFR) into a single regulation, makes
minor formatting changes for
consistency, moves six existing events
into this regulation, updates the dates
listed for events, and lists these
regulations in table form.
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, and
duration of these special local
regulations. These regulations will be in
effect only during the recurring marine
events listed in this regulations for
which the COTP has determined pose
risks to the safety of life on waters of the
United States. The size, location, and
duration of these regulations will be
limited to the extent necessary to
minimize these risks. Moreover, the
COTP will make advance notice of the
enforcement of these regulations
through the Local Notice to Mariners
and/or Broacast Notice to Mariners. This
regulation also provides a means for
E:\FR\FM\02JNR1.SGM
02JNR1
]]>Agencies
[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Rules and Regulations]
[Pages 33543-33547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08709]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0691]
RIN 1625-AA08
Special Local Regulations; Recurring Marine Events, Sector
Charleston
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising existing regulations and
consolidating into one table the special local regulations for
recurring marine events at various locations within the geographic
boundaries of the Seventh Coast Guard District Captain of the Port
(COTP) Charleston Zone. Consolidating marine events into one table
simplifies Coast Guard oversight and public notification of special
local regulations within COTP Charleston Zone.
DATES: This rule is effective July 2, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0691 in the ``SEACH'' 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 LT Chad Ray, Sector Charleston Waterways Management
Division, U.S. Coast Guard; telephone 843-740-3184, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Recurring race, swim, and other marine events within the Seventh
Coast Guard District are currently listed in 33 CFR 100.701, Table 1 to
Sec. 100.701. The process for amending the table (e.g. adding or
removing marine events) is lengthy and inefficient since it includes
recurring marine events for seven different COTP zones within the
Seventh District. To expedite and simplify the rulemaking process for
new marine events/special local regulations, COTP's resorted to
creating individual rules rather than amending the Table 1 to Sec.
100.701.
This rule serves two purposes: (1) Create a table of recurring
marine events/special local regulations occurring solely within the
COTP Charleston Zone, and (2) consolidate into that table marine
events/special local regulations previously established outside of
Table 1 to Sec. 100.701. The new table facilitates management of and
public access to information about marine events within the COTP
Charleston Zone.
The Coast Guard published a notice of proposed rulemaking (NPRM)
titled ``Special Local Regulations; Recurring Marine Events, Sector
Charleston'' (85 FR 5177). There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action. During the comment
period that ended February 28, 2020, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). This rule makes the following
changes:
1. Revise the contact information in Sec. 100.701(d)(1) to read
``Captain of the Port Charleston, South Carolina: (843) 740-7050.'';
2. Delete the existing special local regulation for the ``Head
of South'' event listed in existing Table 1 to Sec. 100.701(f)(5)
because it is no longer held;
3. Establish Sec. 100.704 for Special Local Regulations; Marine
Events Within COTP Zone Charleston;
4. Move the remaining list of existing marine events/special
local regulations listed in Table 1 to Sec. 100.701(f) under COTP
Zone Charleston; Special Local Regulations to new Sec. 100.704,
Table 1 to Sec. 100.704;
5. Add new event, ``Cooper River Bridge Run'' to new Table 1 to
Sec. 100.704, Line 1;
6. Add new event, ``Myrtle Beach Triathlon'' to new Table 1
Sec. 100.704, Line 3;
7. Add new event, ``North Charleston Fireworks'' to new Table 1
Sec. 100.704, Line 5;
8. Add new event, ``Patriots Point Fireworks'' to new Table 1
Sec. 100.704, Line 6;
9. Add new event, ``Beaufort Water Festival Air Show'' to new
Table 1 Sec. 100.704, Line 8;
10. Revise the dates for the existing event, ``Charleston Race
Week'' listed in new Sec. 100.704, Line 2 to one week (Monday
through Sunday) in April;
11. Revise the dates for the existing event, ``Low Country
Splash'' listed in new Table 1 to Sec. 100.704, Line 4 to one
Saturday or Sunday during the last two weeks of May or the first two
weeks of June;
12. Revise the dates for the existing event, ``Beaufort Water
Festival'' listed in new Table 1 to Sec. 100.704, Line 7 to ten
consecutive days (Friday through Sunday) in July;
13. Revise the dates for the existing event, ``Swim Around
Charleston'' listed in new Table 1 to Sec. 100.704, Line 9 to one
weekend day (Saturday or Sunday) during the last two weeks of
September through the first two weeks of October;
14. Revise the dates for the existing event, ``Charleston Parade
of Boats'' in new Table 1 to to Sec. 100.704, Line 10 to one
weekend day (Friday, Saturday, or Sunday) in December; and
15. Delete existing Sec. 100.713, which contains a special
local regulation for the Annual Harborwalk Boat Race; Sampit River,
Georgetown, SC because it is no longer held.
The marine events listed in the new Table 1 to Sec. 100.704 are
scheduled to occur over a particular weekend and month each year. Exact
dates are intentionally omitted since calendar dates for a specific
weekend change from year to year. Once dates for a marine event are
known, the Coast Guard will notify the public of its intent to enforce
the special local regulation through various means including a Notice
of Enforcement published in the Federal Register, Local Notice to
Mariners, and Broadcast Notice to Mariners.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
January 29, 2020. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule revises existing regulations and consolidates the special
local regulations into one table for recurring marine events at various
locations within the geographic boundaries of the Seventh Coast Guard
District Captain of the Port (COTP) Charleston Zone.
[[Page 33544]]
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, the 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, and duration of the special local regulations. These areas
are limited in size and duration, and usually do not affect high vessel
traffic areas. Moreover, the Coast Guard would provide advance notice
of the regulated areas to the local maritime community Local Notice to
Mariners, Broadcast to Mariners via VHF-FM marine channel 16, and the
rule would allow vessels to seek permission to enter the regulated
area.
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 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.
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 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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have made a preliminary determination that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves the establishment of special local regulations for
recurring marine events within the COTP Charleston Zone. Normally such
actions are categorically excluded from further review under paragraphs
L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A preliminary Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
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 100
Harbors, Marine Safety, Navigation (water), Reporting and Record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. In Sec. 100.701:
0
a. Revise paragraph (d)(1); and
0
b. Remove section (e) from table 1 to the section.
The revision reads as follows:
[[Page 33545]]
Sec. 100.701 Special Local Regulations; Marine Events in the Seventh
Coast Guard District.
* * * * *
(d) * * *
(1) Captain of the Port Charleston, South Carolina: (843) 740-7050.
* * * * *
0
3. Add Sec. 100.704 to read as follows:
Sec. 100.704 Special Local Regulations; Marine Events within the
Captain of the Port Charleston.
The regulations in this section apply to the marine events listed
in Table 1 of this section. The regulations in this section will be
effective annually for the duration listed in Table 1 of this section.
The Coast Guard will notify the maritime community of exact dates and
times each regulation will be in effect and the nature of each event
(e.g. location, number of participants, type of vessels involved, etc.)
through a Notice of Enforcement published in the Federal Register,
Local Notice to Mariners, and Broadcast Notice to Mariners.
(a) Definitions. The following definitions apply to this section:
(1) Designated representative. The term ``designated
representative'' means Coast Guard Patrol Commanders, including Coast
Guard coxswains, petty officers, others operating Coast Guard vessels,
and Federal, state, and local officers designated by or assisting the
Captain of the Port (COTP) Charleston in the enforcement of the
regulated areas.
(2) Spectators. All persons and vessels not registered with the
event sponsor as participants.
(b) Event patrol. The Coast Guard may assign an event patrol, as
described in Sec. 100.40, to each regulated event listed in Table 1 of
this section. Additionally, a Patrol Commander may be assigned to
oversee the patrol. The event patrol and Patrol Commander may be
contacted on VHF Channel 16.
(c) Special local regulations. (1) The COTP Charleston or
designated representative may control the movement of all vessels in
the regulated area. When hailed or signaled by an official patrol
vessel, a vessel in these areas shall immediately comply with the
directions given. Failure to do so may result in removal from the area,
citation for failure to comply, or both.
(2) The COTP Charleston or designated representative may terminate
the event, or the operation of any vessel participating in the event,
at any time it is deemed necessary for the protection of life or
property.
(3) Only event sponsor designated participants and official patrol
vessels are allowed to enter the regulated area, unless otherwise
authorized by the COTP Charleston or designated representative.
(4) Spectators may request permission from the COTP Charleston or
designated representative to enter, transit, remain within, or anchor
in the regulated area. If permission is granted, spectators must abide
by the directions of the COTP Charleston or a designated
representative.
(d) Event delays or termination. The COTP Charleston or designated
representative may delay or terminate any event in this section at any
time to ensure safety of life or property. Such action may be justified
as a result of weather, traffic density, spectator operation, or
participant behavior.
Table 1 to Sec. 100.704--Special Local Regulations; Marine Events Within the Captain of the Port Charleston
[Datum NAD 1983]
----------------------------------------------------------------------------------------------------------------
Date/time Event/sponsor Location Regulated area
----------------------------------------------------------------------------------------------------------------
1. The First Saturday in April:
Time (Approximate): 7 a.m. to Cooper River Bridge Charleston, SC and Mt. Location: The following is
10 a.m. Run. Pleasant, SC. a safety or security zone.
Sponsor: The Cooper All waters of the Cooper
River Bridge Run River, and Town Creek
Executive Committee. Reaches encompassed within
the following points:
Beginning at
32[deg]48'32'' N,
079[deg]56'08'' W, thence
east to 32[deg]48'20'' N,
079[deg]54'20'' W, thence
south to 32[deg]47'20'' N,
079[deg]54'29'' W, thence
west to 32[deg]47'20'' N,
079[deg]55'28'' W, thence
north to origin.
2. One week (Monday through Sunday)
in April:
Time (Approximate): 8 a.m. to 5 Charleston Race Week.. Charleston, SC........ Location: There are five
p.m. each day. Sponsor: Charleston race areas:
Race Week LLC. (i) Race Area #1. All
waters of the Charleston
Harbor encompassed within
a 700 yard radius of
position 32[deg]46'10'' N,
079[deg]55'15'' W.
(ii) Race Area #2. All
waters of the Charleston
Harbor encompassed within
a 700 yard radius of
position 32[deg]46'02'' N,
079[deg]54'15'' W.
(iii) Race Area #3. All
waters of the Charleston
Harbor encompassed within
a 700 yard radius of
position 32[deg]45'55'' N,
079[deg]53'39'' W.
(iv) Race Area #4. All
waters of the Charleston
Harbor encompassed within
a 600 yard radius of
position 32[deg]47'40'' N,
079[deg]55'10'' W.
(v) Race Area #5. All
waters of the Charleston
Harbor and Entrance
Channel encompassed within
a 500 yard radius of
position 32[deg]45'34'' N,
79[deg]52'09'' W
continuing to Charleston
Entrance Channel Buoys
Green 11 (LLN 2395.5) and
Red 12 (LLN 2400).
3. One Saturday or Sunday in April:
[[Page 33546]]
Time (Approximate): 7:30 a.m. Myrtle Beach Triathlon Myrtle Beach, SC...... Location: The following is
to 9:30 a.m. Sponsor: GO Race a safety zone: Certain
Productions. waters of the Atlantic
Intracoastal Waterway
within the following two
points of position and the
North shore:
33[deg]45'03'' N,
78[deg]50'47'' W to
33[deg]45'18'' N,
78[deg]50'14'' W, located
in Myrtle Beach, South
Carolina.
4. One Saturday or Sunday during
the last two weeks of May or the
first two weeks of June:
Time (Approximate): 6 a.m. to Low Country Splash.... Charleston, SC and Mt. Location: All waters within
11 a.m. Sponsor: Logan Pleasant, SC. a moving safety zone,
Rutledge Children's beginning at Daniel Island
Foundation. Pier in approximate
position 32[deg]51'20'' N,
079[deg]54'06'' W, south
along the coast of Daniel
Island, across the Wando
River to Hobcaw Yacht
Club, in approximate
position 32[deg]49'20'' N,
079[deg]53'49'' W, south
along the coast of Mt.
Pleasant, S.C., to
Charleston Harbor Resort
Marina, in approximate
position 32[deg]47'20'' N,
079[deg]54'39'' W.
5. One night during the first week
of July:
Time (Approximate): 8 p.m. to North Charleston North Charleston, SC.. Location: The following is
10 p.m. Fireworks. a safety zone. All waters
Sponsor: City of North within a 500-yard radius
Charleston. of the barge, from which
fireworks will be launched
on the bank of the Cooper
River at River Front Park
in North Charleston, South
Carolina.
6. One night during the first week
of July:
Time (Approximate): 8 p.m. to Patriots Point Mt. Pleasant, SC...... Location: The following is
10 p.m. Fireworks. a safety zone: All waters
Sponsor: USS Yorktown within a 500-yard radius
Foundation Patriot's of the barge, from which
Naval Museum. fireworks will be launched
on the bank of the Cooper
River at Patriots Point in
Charleston, SC.
7. Ten consecutive days (Friday
through the next Sunday) in July:
Time (Approximate): 8 a.m. to 5 Beaufort Water Beaufort, SC.......... Location: All waters 200
p.m. each day. Festival. yards from seawall at
Sponsor: Beaufort Waterfront Park extending
Water Festival. from Lady's Island Bridge
to Spanish Point in
Beaufort, SC.
8. One Saturday or Sunday in July:
Time (Approximate): 12 p.m. to Beaufort Water Beaufort, SC.......... Location: The following is
5 p.m. Festival Air Show. a safety zone: A portion
Sponsor: Beaufort Beaufort River near
Water Festival. Riverfront Park in
Beaufort, SC. The zone is
700 feet wide by 2600 feet
in length on waters of the
Beaufort River encompassed
within the following
points: (1) 32[deg]25'47''
N/080[deg]40'44'' W, (2)
32[deg]25'41'' N/
080[deg]40'14'' W, (3)
32[deg]25'35'' N/
080[deg]40'16'' W, (4)
32[deg]25'40'' N/
080[deg]40'46'' W.
9. One Saturday or Sunday during
the last two weeks of September or
the first two weeks of October:
Time (Approximate): 7:30 a.m. Swim Around Charleston Charleston, SC........ Location: The following is
to 2 p.m. Sponsor: Kathleen a moving safety zone. All
Wilson. waters 50 yards in front
of the lead safety vessel
preceding the first race
participants, 50 yards
behind the safety vessel
trailing the last race
participants, and at all
times extends 100 yards on
either side of safety
vessels. The Swim Around
Charleston swimming race
consists of a 12 mile
course that starts at
Remley's Point on the
Wando River in approximate
position 32[deg]48'49'' N,
79[deg]54'27'' W, crosses
the main shipping channel
under the main span of the
Ravenel Bridge, and
finishes at the I-526
bridge and boat landing on
the Ashley River in
approximate position
32[deg]50'14'' N,
80[deg]01'23'' W.
10. One Friday, Saturday or Sunday
in December:
[[Page 33547]]
Time (Approximate): 4 p.m. to 9 Charleston Parade of Charleston, SC........ Location: Charleston
p.m. Boats. harbor, South Carolina,
Sponsor: City of from Anchorage A through
Charleston, SC Office Shutes Folly, Horse Reach,
of Cultural Affairs. Hog Island Reach, Town
Creek Lower Reach, Ashley
River, and finishing at
City Marina.
----------------------------------------------------------------------------------------------------------------
Sec. 100.713 [Removed]
0
4. Remove Sec. 100.713.
Dated: April 17, 2020.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port, Charleston.
[FR Doc. 2020-08709 Filed 6-1-20; 8:45 am]
BILLING CODE 9110-04-P
