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Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local Regulations Update

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Start Preamble

AGENCY:

Coast Guard, DHS.

ACTION:

Final rule.

SUMMARY:

The Coast Guard is amending and updating its special local regulations relating to recurring marine parades, regattas, and other events that take place in the Coast Guard Sector Ohio Valley area of responsibility (AOR). This rule informs the public of regularly scheduled events that require additional safety measures through the establishing of a special local regulation. Through this rulemaking the current list of recurring special local regulations is updated with revisions, additional events, and removal of events that no longer take place in Sector Ohio Valley's AOR. When these special local regulations are enforced, certain restrictions are placed on marine traffic in specified areas.

DATES:

This rule is effective June 8, 2020.

ADDRESSES:

To view documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, type USCG-2020-0038 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

If you have questions on this rule, call or email Petty Officer Riley Jackson, Sector Ohio Valley, U.S. Coast Guard; telephone (502) 779-5347, email Riley.S.Jackson@uscg.mil.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations

COTP Captain of the Port Sector Ohio Valley

DHS Department of Homeland Security

FR Federal Register

NPRM Notice of proposed rulemaking

§ Section

U.S.C. United States Code

II. Background Information and Regulatory History

The Captain of the Port Sector Ohio Valley (COTP) is establishing, amending, and updating its current list of recurring special local regulations codified under 33 CFR 100.801 in Table 1, for the COTP Ohio Valley zone.

On February 14, 2020, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Sector Ohio Valley Annual and Recurring Special Local Regulations Update (85 FR 8499). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to those recurring regulated areas. During the comment period that ended March 16, 2020, no comments were received.

Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable and contrary to the public interest because immediate action is necessary to respond to the potential safety hazards associated with these marine events.

III. Legal Authority and Need for Rule

The Coast Guard is issuing this rule under authority in 46 U.S.C. 70041 (previously 33 U.S.C. 1233 The Coast Guard is amending and updating the special local regulations under 33 CFR part 100 to include the most up to date list of recurring special local regulations for events held on or around navigable waters within the Sector Ohio Valley AOR. These events include marine parades, boat races, swim events, and others. The current list under 33 CFR 100.801 requires amending to provide new information on existing special local regulations, include new special local regulations expected to recur annually or biannually, and to remove special local regulations that are no longer required. Issuing individual regulations for each new special local regulation, amendment, or removal of an existing special local regulation creates unnecessary administrative costs and burdens. This rulemaking reduces administrative overhead and provides the public with notice through publication in the Federal Register of the upcoming recurring special local regulations.

IV. Discussion of Comments, Changes, and the Rule

As noted above, we received no comments on our NPRM published February 14, 2020. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM.

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.Start Printed Page 34995

The Coast Guard expects the economic impact of this rule to be minimal, and therefore a full regulatory evaluation is unnecessary. This rule establishes special local regulations limiting access to certain areas under 33 CFR 100 within Sector Ohio Valley's AOR. The effect of this rulemaking will not be significant because these special local regulations are limited in scope and duration. Deviation from the special local regulations established through this rulemaking may be requested from the appropriate COTP and requests will be considered on a case-by-case basis. Broadcast Notices to Mariners and Local Notices to Mariners will inform the community of these special local regulations so that they may plan accordingly for these short restrictions on transit. Vessel traffic may request permission from the COTP Ohio Valley or a designated representative to enter the restricted areas.

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 regulated area 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 call or email the person listed in the FOR FURTHER INFORMATION CONTACT section.

Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132.

Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

We have analyzed this rule under Department of Homeland Security Directive 023-01, 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 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 the establishment of special local regulations related to marine event permits for marine parades, regattas, and other marine events. It is categorically excluded from further review under paragraph L(61) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

G. Protest Activities

The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email 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.

Start List of Subjects

List of Subjects in 33 CFR Part 100

  • Marine safety
  • Navigation (water)
  • Reporting and recordkeeping requirements, and Waterways
End List of Subjects

For the reasons discussed in the preamble, the U.S. Coast Guard amends 33 CFR part 100 as follows:

Start Part

PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS

End Part Start Amendment Part

1. The authority citation for part 100 continues to read as follows:

End Amendment Part Start Authority

Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

End Authority Start Amendment Part

2. In § 100.801, revise Table 1 to read as follows:

End Amendment Part
* * * * *

Table 1 to § 100.801—Sector Ohio Valley Annual and Recurring Marine Events

DateEvent/sponsorOhio Valley locationRegulated area
1. 3 days—Second or third weekend in MarchOak Ridge Rowing Association/Cardinal InvitationalOak Ridge, TNClinch River, Mile 48.5-52.0 (Tennessee).
Start Printed Page 34996
2. 1 day—Third weekend in MarchVanderbilt Rowing/Vanderbilt InviteNashville, TNCumberland River, Mile 188.0-192.7 (Tennessee).
3. 2 days—Fourth weekend in MarchOak Ridge Rowing Association/Atomic City Turn and BurnOak Ridge, TNClinch River, Mile 48.5-52.0 (Tennessee).
4. 3 days—One weekend in AprilBig 10 Invitational RegattaOak Ridge, TNClinch River, Mile 48.5-52.0 (Tennessee).
5. 1 day—One weekend in AprilLindamood CupMarietta, OHMuskingum River, Mile 0.5-1.5 (Ohio).
6. 3 days—Third weekend in AprilOak Ridge Rowing Association/SIRA RegattaOak Ridge, TNClinch River, Mile 48.5-52.0 (Tennessee).
7. 2 days—Third Friday and Saturday in AprilThunder Over LouisvilleLouisville, KYOhio River, Mile 597.0-604.0 (Kentucky).
8. 1 day—During the last week of April or first week of MayGreat Steamboat RaceLouisville, KYOhio River, Mile 595.0-605.3 (Kentucky).
9. 3 days—Fourth weekend in AprilOak Ridge Rowing Association/Dogwood Junior RegattaOak Ridge, TNClinch River, Mile 48.5-52.0 (Tennessee).
10. 3 days—Second weekend in MayVanderbilt Rowing/ACRA HenleyNashville, TNCumberland River, Mile 188.0-194.0 (Tennessee).
11. 3 days—Second weekend in MayOak Ridge Rowing Association/Big 12 ChampionshipsOak Ridge, TNClinch River, Mile 48.5-52.0 (Tennessee).
12. 3 days—Third weekend in MayOak Ridge Rowing Association/Dogwood MastersOak Ridge, TNClinch River, Mile 48.5-52.0 (Tennessee).
13. 1 day—Third weekend in MayWorld Triathlon Corporation/IRONMAN 70.3Chattanooga, TNTennessee River, Mile 462.7-467.5 (Tennessee).
14. 1 day—During the last weekend in May or on Memorial DayMayor's Hike, Bike and PaddleLouisville, KYOhio River, Mile 601.0-604.5 (Kentucky).
15. 1 day—The last week in MayChickamauga Dam SwimChattanooga, TNTennessee River, Mile 470.0-473.0 (Tennessee).
16. 2 days—Last weekend in May or first weekend in JuneVisit Knoxville/Racing on the TennesseeKnoxville, TNTennessee River, Mile 647.0-648.0 (Tennessee).
17. 3 days—First weekend in JuneOutdoor Chattanooga/Chattanooga Swim FestivalChattanooga, TNTennessee River, Mile 454.0-468.0 (Tennessee).
18. 2 days—First weekend of JuneThunder on the Bay/KDBAPisgah Bay, KYTennessee River, Mile 30.0 (Kentucky).
19. 1 day—First weekend in JuneVisit Knoxville/Knoxville Powerboat ClassicKnoxville, TNTennessee River, Mile 646.4-649.0 (Tennessee).
20. 1 day—One weekend in JuneTri-LouisvilleLouisville, KYOhio River, Mile 600.5-604.0 (Kentucky).
21. 2 days—One weekend in JuneNew Martinsville Vintage RegattaNew Martinsville,WVOhio River Mile 127.5-128.5 (West Virginia).
22. 3 days—One of the last three weekends in JuneLawrenceburg Regatta/Whiskey City RegattaLawrenceburg, INOhio River, Mile 491.0-497.0 (Indiana).
23. 3 days—One of the last three weekends in JuneHadi Shrine/Evansville Shriners FestivalEvansville, INOhio River, Mile 790.0-796.0 (Indiana).
24. 3 days—Third weekend in JuneTM Thunder LLC/Thunder on the CumberlandNashville, TNCumberland River, Mile 189.6-192.3 (Tennessee).
25. 1 day—Third or fourth weekend in JuneGreater Morgantown Convention and Visitors Bureau/Mountaineer TriathlonMorgantown, WVMonongahela River, Mile 101.0-102.0 (West Virginia).
26. 1 day—Fourth weekend in JuneTeam Magic/Chattanooga Waterfront TriathlonChattanooga, TNTennessee River, Mile 462.7-466.0 (Tennessee).
27. 1 day—One day in JuneGuntersville Lake HydrofestGuntersville, ALTennessee River south of mile 357.0 in Browns Creek, starting at the AL-69 Bridge, 34°21′38″ N, 86°20′36″ W, to 34°21′14″ N, 86°19′4″ W, to the TVA power lines, 34°20′9″ N, 86°21′7″ W, to 34°19′37″ N, 86°20′13″ W, extending from bank to bank within the creek. (Alabama).
28. 3 days—The last weekend in June or one of the first two weekends in JulyMadison RegattaMadison, INOhio River, Mile 554.0-561.0 (Indiana).
29. 1 day—During the first week of JulyEvansville Freedom Celebration/4th of July Freedom CelebrationEvansville, INOhio River, Mile 790.0-797.0 (Indiana).
Start Printed Page 34997
30. First weekend in JulyEddyville Creek Marina/Thunder Over Eddy BayEddyville, KYCumberland River, Mile 46.0-47.0 (Kentucky).
31. 2 days—One of the first two weekends in JulyThunder on the Bay/KDBAPisgah Bay, KYTennessee River, Mile 30.0 (Kentucky).
32. 1 day—Second weekend in JulyBradley Dean/Renaissance Man TriathlonFlorence, ALTennessee River, Mile 254.0-258.0 (Alabama).
33. 1 day—Third or fourth Sunday of JulyTucson Racing/Cincinnati TriathlonCincinnati, OHOhio River, Mile 468.3-471.2 (Ohio).
34. 2 days—One of the last three weekends in JulyDare to Care/KFC Mayor's Cup Paddle Sports Races/Voyageur Canoe World ChampionshipsLouisville, KYOhio River, Mile 600.0-605.0 (Kentucky).
35. 2 days—Last two weeks in July or first three weeks of AugustFriends of the Riverfront Inc./Pittsburgh Triathlon and Adventure RacesPittsburgh, PAAllegheny River, Mile 0.0-1.5 (Pennsylvania).
36. 1 day—Fourth weekend in JulyTeam Magic/Music City TriathlonNashville, TNCumberland River, Mile 189.7-192.3 (Tennessee).
37. 1 day—Last weekend in JulyMaysville PaddlefestMaysville, KYOhio River, Mile 408-409 (Kentucky).
38. 2 days—One weekend in JulyHuntington Classic RegattaHuntington, WVOhio River, Mile 307.3-309.3 (West Virginia).
39. 2 days—One weekend in JulyMarietta Riverfront Roar RegattaMarietta, OHOhio River, Mile 171.6-172.6 (Ohio).
40. 1 day—Last weekend in July or first weekend in AugustHealthyTriState.org/St. Marys Tri State KayathalonHuntington, WVOhio River, Mile 305.1-308.3 (West Virginia).
41. 1 day—first Sunday in AugustAbove the Fold Events/Riverbluff TriathlonAshland City, TNCumberland River, Mile 157.0-159.5 (Tennessee).
42. 3 days—First week of AugustEQT Pittsburgh Three Rivers RegattaPittsburgh, PAAllegheny River mile 0.0-1.0, Ohio River mile 0.0-0.8, Monongahela River mile 0.5 (Pennsylvania).
43. 2 days—First weekend of AugustThunder on the Bay/KDBAPisgah Bay, KYTennessee River, Mile 30.0 (Kentucky).
44. 1 day—First or second weekend in AugustRiverbluff TriathlonAshland City, TNCumberland River, Mile 157.0-159.0 (Tennessee).
45. 1 day—One of the first two weekends in AugustGreen Umbrella/Ohio River PaddlefestCincinnati, OHOhio River, Mile 458.5-476.4 (Ohio and Kentucky).
46. 2 days—Third full weekend (Saturday and Sunday) in AugustOhio County Tourism/Rising Sun Boat RacesRising Sun, INOhio River, Mile 504.0-508.0 (Indiana and Kentucky).
47. 3 days—Second or Third weekend in AugustKittanning Riverbration Boat RacesKittanning, PAAllegheny River mile 42.0-46.0 (Pennsylvania).
48. 3 days—One of the last two weekends in AugustThunder on the GreenLivermore, KYGreen River, Mile 69.0-72.5 (Kentucky).
49. 1 day—Fourth weekend in AugustTeam Rocket Tri-Club/Rocketman TriathlonHuntsville, ALTennessee River, Mile 332.2-335.5 (Alabama).
50. 1 day—Last weekend in AugustTennessee Clean Water Network/Downtown Dragon Boat RacesKnoxville, TNTennessee River, Mile 646.3-648.7 (Tennessee).
51. 3 days—One weekend in AugustPro Water Cross ChampionshipsCharleston, WVKanawha River, Mile 56.7-57.6 (West Virginia).
52. 2 days—One weekend in AugustPOWERBOAT NATIONALS—Ravenswood RegattaRavenswood, WVOhio River, Mile 220.5-221.5 (West Virginia).
53. 2 days—One weekend in AugustPowerboat Nationals—Parkersburg Regatta/Parkersburg HomecomingParkersburg, WVOhio River Mile 183.5-285.5 (West Virginia).
54. 1 day—One weekend in AugustYMCA River SwimCharleston, WVKanawha River, Mile 58.3-61.8 (West Virginia).
55. 3 days—One weekend in AugustGrand Prix of LouisvilleLouisville, KYOhio River, Mile 601.0-605.0 (Kentucky).
56. 3 days—One weekend in AugustEvansville HydroFestEvansville, INOhio River, Mile 790.5-794.0 (Indiana).
57. 1 day—First or second weekend of SeptemberSUP3Rivers The Southside OutsidePittsburgh, PAMonongahela River mile 0.0-3.09 Allegheny River mile 0.0-0.6 (Pennsylvania).
58. 1 day—First weekend in September or on Labor DayMayor's Hike, Bike and PaddleLouisville, KYOhio River, Mile 601.0-610.0 (Kentucky).
59. 2 days—Sunday before Labor Day and Labor DayCincinnati Bell, WEBN, and Proctor and Gamble/RiverfestCincinnati, OHOhio River, Mile 463.0-477.0 (Kentucky and Ohio) and Licking River Mile 0.0-3.0 (Kentucky).
Start Printed Page 34998
60. 2 days—Labor Day weekendWheeling Vintage Race Boat Association Ohio/Wheeling Vintage RegattaWheeling, WVOhio River, Mile 90.4-91.5 (West Virginia).
61. 3 days—The weekend of Labor DayPortsmouth Boat Race/Breakwater Powerboat AssociationPortsmouth, OHOhio River, Mile 355.5-356.8 (Ohio).
62. 2 days—One of the first three weekends in SeptemberLouisville Dragon Boat FestivalLouisville, KYOhio River, Mile 602.0-604.5 (Kentucky).
63. 1 day—One of the first three weekends in SeptemberCumberland River Compact/Cumberland River Dragon Boat FestivalNashville, TNCumberland River, Mile 189.7-192.1 (Tennessee).
64. 2 days—One of the first three weekends in SeptemberState Dock/Cumberland Poker RunJamestown, KYLake Cumberland (Kentucky).
65. 3 days—One of the first three weekends in SeptemberFleur de Lis RegattaLouisville, KYOhio River, Mile 600.0-605.0 (Kentucky).
66. 1 day—Second weekend in SeptemberCity of Clarksville/Clarksville Riverfest Cardboard Boat RegattaClarksville, TNCumberland River, Mile 125.0-126.0 (Tennessee).
67. 1 day—One Sunday in SeptemberOhio River Sternwheel Festival Committee Sternwheel race reenactmentMarietta, OHOhio River, Mile 170.5-172.5 (Ohio).
68. 1 Day—One weekend in SeptemberParkesburg Paddle FestParkersburg, WVOhio River, Mile 184.3-188 (West Virginia).
69. 1 day—One weekend in SeptemberShoals Dragon Boat FestivalFlorence, ALTennessee River, Mile 255.0-257.0 (Alabama).
70. 2 days—One of the last three weekends in SeptemberMadison Vintage ThunderMadison, INOhio River, Mile 556.5-559.5 (Indiana).
71. 1 day—Third Sunday in SeptemberTeam Rocket Tri Club/Swim Hobbs IslandHuntsville, ALTennessee River, Mile 332.3-338.0 (Alabama).
72. 1 day—Fourth or fifth weekend in SeptemberKnoxville Open Water Swimmers/Bridges to BluffsKnoxville, TNTennessee River, Mile 641.0-648.0 (Tennessee).
73. 1 day—Fourth or fifth Sunday in SeptemberGreen Umbrella/Great Ohio River SwimCincinnati, OHOhio River, Mile 468.8-471.2 (Ohio and Kentucky).
74. 1 day—One of the last two weekends in SeptemberOhio River Open Water SwimProspect, KYOhio River, Mile 587.0-591.0 (Kentucky).
75. 2 days—One of the last three weekends in September or the first weekend in OctoberCaptain Quarters RegattaLouisville, KYOhio River, Mile 594.0-598.0 (Kentucky).
76. 3 days—One of the last three weekends in September or one of the first two weekends in OctoberOwensboro Air ShowOwensboro, KYOhio River, Mile 754.0-760.0 (Kentucky).
77. 1 day—Last weekend in SeptemberWorld Triathlon Corporation/IRONMAN ChattanoogaChattanooga, TNTennessee River, Mile 462.7-467.5 (Tennessee).
78. 3 days—Last weekend of September and/or first weekend in OctoberNew Martinsville Records and Regatta Challenge CommitteeNew Martinsville, WVOhio River, Mile 128-129 (West Virginia).
79. 2 days—First weekend of OctoberThree Rivers Rowing Association/Head of the Ohio RegattaPittsburgh, PAAllegheny River mile 0.0-5.0 (Pennsylvania).
80. 1 day—First or second weekend in OctoberLookout Rowing Club/Chattanooga Head RaceChattanooga, TNTennessee River, Mile 463.0-468.0 (Tennessee).
81. 3 days—First or Second weekend in OctoberVanderbilt Rowing/Music City Head RaceNashville, TNCumberland River, Mile 189.5-196.0 (Tennessee).
82. 2 days—First or second week of OctoberHead of the Ohio Rowing RacePittsburgh, PAAllegheny River, Mile 0.0-3.0 (Pennsylvania).
83. 2 days—One of the first three weekends in OctoberNorton Healthcare/Ironman TriathlonLouisville, KYOhio River, Mile 600.5-605.5 (Kentucky).
84. 2 days—Two days in OctoberSecret City Head Race RegattaOak Ridge, TNClinch River, Mile 49.0-54.0 (Tennessee).
Start Printed Page 34999
85. 3 days—First weekend in NovemberAtlanta Rowing Club/Head of the Hooch Rowing RegattaChattanooga, TNTennessee River, Mile 463.0-468.0 (Tennessee).
86. 1 day—One weekend in November or DecemberCharleston Lighted Boat ParadeCharleston, WVKanawha River, Mile 54.3-60.3 (West Virginia).
* * * * *
Start Signature

Dated: April 3, 2020.

A.M. Beach,

Captain, U.S. Coast Guard, Captain of the Port, Sector Ohio Valley.

End Signature End Supplemental Information

[FR Doc. 2020-11419 Filed 6-5-20; 8:45 am]

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