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2886 Federal Register / Vol. 71, No.

11 / Wednesday, January 18, 2006 / Rules and Regulations

Stat. 521), in response to an act by the process or for other good cause which to employment at Crater Lake National
Oregon state legislature on January 25, may be consistent with applicable laws. Park;
1915, ceding to the United States Federal OSHA and the state of Oregon * * * * *
exclusive jurisdiction over all lands have determined that all employers and [FR Doc. 06–282 Filed 1–17–06; 8:45 am]
within Crater Lake National Park. employees (except state and local BILLING CODE 4510–26–P
Accordingly, OSHA officials informed government employees, should there be
Oregon OSHA of OSHA’s any) at Crater Lake National Park are
determination. Federal OSHA officials subject to Federal jurisdiction. This
also met on August 16, 2005 with the DEPARTMENT OF HOMELAND
change to Federal jurisdiction has been
Crater Lake National Park SECURITY
communicated to Park authorities and
superintendent, his staff and contractors their contractors and is already in effect. Coast Guard
working at the Park to inform them that Accordingly, OSHA finds that further
Federal OSHA had jurisdiction over public participation is unnecessary, and 33 CFR Part 165
both the Federal employees and private this notice of approval is effective upon
sector contractors at Crater Lake. By e- publication in the Federal Register. [COTP Prince William Sound 05–012]
mail of August 23, 2005, from Michele RIN 1625–AA87
Patterson, Deputy Administrator, List of Subjects in 29 CFR Part 1952
Oregon Occupational Safety and Health National parks, Intergovernmental Security Zones; Port Valdez and
Division (OR–OSHA) to Richard Terrill, relations, Law enforcement, Valdez Narrows, Valdez, AK
Regional Administrator, the state of Occupational safety and health.
Oregon agreed that the state did not AGENCY: Coast Guard, DHS.
Signed at Washington, DC, this 3rd day of
have authority to regulate private sector January 2006. ACTION: Temporary final rule.
contractors in the Park and that Federal Jonathan L. Snare,
OSHA should exercise jurisdiction over SUMMARY: The Coast Guard is
Acting Assistant Secretary. continuing temporary security zones
all employees (except state and local
government employees, should there be encompassing the Trans-Alaska Pipeline
■Part 1952 of 29 CFR is hereby
any) at Crater Lake National Park. (TAPS) Valdez Terminal Complex,
amended as follows:
Accordingly, Crater Lake National Valdez, Alaska and TAPS Tank Vessels
Park is deemed to be an issue no longer PART 1952—[AMENDED] and Valdez Narrows, Port Valdez,
covered by the Oregon State Plan, and Alaska, and is reducing the size of one
Federal OSHA is assuming jurisdiction ■ 1. The authority section for part 1952 of these zones. These temporary security
and enforcement responsibility for all continues to read as follows: zones will remain effective until
private sector as well as Federal Authority: Section 18 of the OSH Act (29 February 12, 2006, while we complete a
employees at the Park. OSHA is also U.S.C. 667), 29 CFR part 1902, and Secretary separate rulemaking to create permanent
amending its description of the state of Labor’s Order No. 5–2002 (67 FR 65008). security zones in these locations.
plan to reflect this change in the level DATES: This rule is effective from
of Federal enforcement. Subpart D—Oregon January 12, 2006, through February 12,
B. Location of Supplement for ■ 2. Amend § 1952.104 by revising the 2006. Comments and related material
Inspection and Copying second sentence of paragraph (b) to read must reach the Coast Guard on or before
as follows: February 12, 2006.
A copy of the documents referenced
ADDRESSES: You may mail comments
in this notice may be obtained from: § 1952.104 Final approval determination. and related material to U.S. Coast Guard
Office of State Programs, Directorate of
* * * * * Marine Safety Office, PO Box 486,
Cooperative and State Programs,
(b) * * * The plan does not cover Valdez, Alaska 99686. Marine Safety
Occupational Safety and Health
private sector establishments on Indian Office Valdez, Port Operations
Administration, Room N3700, 200
reservations and tribal trust lands, Department maintains the public docket
Constitution Avenue, NW., Washington,
including tribal and Indian-owned for this rulemaking. Comments and
DC 20210, (202) 693–2244, fax (202)
enterprises; employment at Crater Lake material received from the public, as
693–1671; Office of the Regional
National Park; Federal agencies; the U.S. well as documents indicated in this
Administrator, Occupational Safety and
Postal Service and its contractors; preamble as being available in the
Health Administration, 1111 Third
contractors on U.S. military docket, will become part of this docket
Avenue, Suite 715, Seattle, Washington
reservations, except those working on and will be available for inspection or
98101–3212; and the Oregon
U.S. Army Corps of Engineers dam copying at Marine Safety Office Valdez,
Occupational Safety and Health
construction projects; and private sector 105 Clifton, Valdez, AK 99686 between
Division, Department of Consumer and
maritime employment on or adjacent to 7:30 a.m. and 4:30 p.m., Monday
Business Services, 350 Winter Street,
navigable waters, including shipyard through Friday, except Federal holidays.
NE., Room 430, Salem, Oregon 97310.
operations and marine terminals. FOR FURTHER INFORMATION CONTACT:
Other information about the Oregon
State Plan is posted on the state’s Web * * * * * LTJG Duane Lemmon, Port Operations
site at http://www.cbs.state.or.us/ ■ 3. Amend § 1952.105 by redesignating Department, U.S. Coast Guard Marine
external/osha/. Electronic copies of this paragraph (b)(1)(iv) as (b)(1)(v) and Safety Office Valdez, Alaska, (907) 835–
Federal Register notice are available on adding a new paragraph (b)(1)(iv), to 7218.
OSHA’s Web page at http:// read as follows: SUPPLEMENTARY INFORMATION:
www.osha.gov/. Regulatory History
§ 1952.105 Level of Federal enforcement.
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C. Public Participation * * * * * On October 14, 2005, we published a


Under 29 CFR 1953.3(e), the Assistant (b)(1) * * * temporary final rule entitled ‘‘Security
Secretary may prescribe alternative (iv) Enforcement of occupational Zones; Port Valdez and Valdez Narrows,
procedures to expedite the review safety and health standards with regard Valdez AK’’ in the Federal Register (70

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Federal Register / Vol. 71, No. 11 / Wednesday, January 18, 2006 / Rules and Regulations 2887

FR 60005). That rule is only effective to that resulted in the need to issue a The Coast Guard has worked closely
January 12, 2006. supplemental notice of proposed with local and regional users of Port
A notice of proposed rulemaking rulemaking (SNPRM) to address a Valdez and Valdez Narrows waterways
(NPRM) was not published for this collection of information of the to develop these security zones in order
regulation. In accordance with 5 U.S.C. proposed rule (68 FR 14935, March 27, to mitigate the impact on commercial
553(b)(B), the Coast Guard finds good 2003). Then, we issued a temporary and recreational users. This temporary
cause exists for not publishing an final rule (68 FR 26490, May 16, 2003) final rule establishes a uniform
NPRM. The Coast Guard is taking this that established security zones to extend transition from the temporary operating
action for the immediate protection of the temporary security zones until June zones while the rulemaking for
the national security interests in light of 30, 2003. This extension was to allow permanent security zones is completed.
terrorist acts perpetrated on September for a rulemaking for the permanent Request for Comments
11, 2001, and the continuing threat that security zones to be completed. Then,
remains from those who committed on October 31, 2003, we published a Although the Coast Guard has good
those acts. Also, in accordance with 5 temporary final rule (68 FR 62009) that cause in implementing this regulation
U.S.C. 553(d)(3), the Coast Guard finds established security zones to extend the without a notice of proposed
good cause to exist for making this temporary security zones through March rulemaking, we want to afford the
regulation effective less than 30 days 12, 2004. Then on May 19, 2004, we maritime community the opportunity to
after publication in the Federal published a Second Supplemental participate in this rulemaking by
Register. Publication of a notice of Notice of Proposed Rulemaking submitting comments and related
proposed rulemaking and delay of (SSNPRM) (69 FR 28827) incorporating material regarding the size and
effective date would be contrary to the changes to the Trans-Alaskan Pipeline boundaries of these security zones in
public interest because immediate system, Valdez Marine Terminal (VMT) order to minimize unnecessary burdens.
action is necessary to provide for the security zone coordinates described in If you do so, please include your name
safety of the TAPS terminal and TAPS the NPRM (67 FR 65074). and address, identify the docket number
tank vessels. for this rulemaking, COTP Prince
On June 30, 2005, we published a
On November 7, 2001, we published William Sound 04–001, indicate the
temporary final rule entitled ‘‘Security
three temporary final rules in the specific section of this document to
Zones: TAPS Terminal, Valdez Narrows,
Federal Register (66 FR 56208, 56210, which each comment applies, and give
and Tank Vessels in COTP Prince
56212) that created security zones the reason for each comment. Please
William Sound’’ in the Federal Register
effective through June 1, 2002. The submit all comments and related
(70 FR 37681). That rule was only
section numbers and titles for these material in an unbound format, no
effective to October 11, 2005. On
zones are— larger than 8.5 by 11 inches, suitable for
October 7, 2005 we published a
copying. If you would like to know they
§ 165.T17–003—Security zone; Trans- TSNPRM (70 FR 58646) with revisions
reached us, please enclose a stamped,
Alaska Pipeline Valdez Terminal to our proposed permanent security
self-addressed postcard or envelope. We
Complex, Valdez, Alaska, zones in the same locations as the
will consider all comments and material
§ 165.T17–004—Security zone; Port temporary zones created by this rule. On
received during the comment period.
Valdez, and October 14, 2005, we published a
We may change this temporary final
§ 165.T17–005—Security zones; Captain temporary final rule (70 FR 60005) that
rule in view of them.
of the Port Zone, Prince William established security zones to extend
Sound, Alaska. these temporary security zones through Regulatory Evaluation
Then on June 4, 2002, we published January 12, 2006. This rule is not a ‘‘significant
a temporary final rule (67 FR 38389) This temporary final rule creates regulatory action’’ under section 3(f) of
that established security zones to temporary security zones through Executive Order 12866, Regulatory
replace these security zones. That rule February 12, 2006, to allow for the Planning and Review, and does not
issued in April 2002, which expired rulemaking involving the TSNPRM to be require an assessment of potential costs
July 30, 2002, created temporary completed. and benefits under section 6(a)(3) of that
§ 165.T17–009, entitled ‘‘Port Valdez Order. The Office of Management and
Discussion of This Temporary Rule
and Valdez Narrows, Valdez, Alaska— Budget has not reviewed it under that
security zone’’. This temporary final rule establishes Order. It is not ‘‘significant’’ under the
Then on July 31, 2002, we published three security zones. The Trans-Alaska regulatory policies and procedures of
a temporary final rule (67 FR 49582) Pipeline Valdez Marine Terminal the Department of Homeland Security
that established security zones to extend Security zone encompasses the waters (DHS). The Coast Guard expects the
the temporary security zones that would of Port Valdez between Allison Creek to economic impact of this proposal to be
have expired. This extension was to the east and Sawmill Spit to the west so minimal that a full Regulatory
allow for the completion of a notice- and offshore to marker buoys A and B Evaluation under the regulatory policies
and-comment rulemaking to be (approximately 1.5 nautical miles and procedures of DHS is unnecessary.
completed to create permanent security offshore from the TAPS Terminal). The Economic impact is expected to be
zones to replace the temporary zones. Tanker Moving Security Zone minimal because there are alternative
On October 23, 2002, we published encompasses the waters within 200 routes for vessels to use when the zone
the notice of proposed rulemaking that yards of a TAPS Tanker within the is enforced, permits to enter the zone
sought public comment on establishing Captain of the Port, Prince William are available, and the Tanker Moving
permanent security zones similar to the Sound Zone. The Valdez Narrows Security Zone is in effect for a short
temporary security zones (67 FR 65074). Security Zone encompasses the waters duration.
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The comment period for that NPRM 200 yards either side of the Tanker
ended December 23, 2002. Although no Optimum Trackline through Valdez Small Entities
comments were received that would Narrows between Entrance Island and Under the Regulatory Flexibility Act
result in changes to the proposed rule Tongue Point. This zone is active only (5 U.S.C. 601–612), we have considered
an administrative omission was found when a TAPS Tanker is in the zone. whether this rule would have a

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2888 Federal Register / Vol. 71, No. 11 / Wednesday, January 18, 2006 / Rules and Regulations

significant economic impact on a would either preempt State law or under Executive Order 12866 and is not
substantial number of small entities. impose a substantial direct cost of likely to have a significant adverse effect
The term ‘‘small entities’’ comprises compliance on them. We have analyzed on the supply, distribution, or use of
small businesses, not-for-profit this rule under that Order and have energy. It has not been designated by the
organizations that are independently determined that it does not have Administrator of the Office of
owned and operated and are not implications for federalism. Information and Regulatory Affairs as a
dominant in their fields, and significant energy action. Therefore, it
governmental jurisdictions with Unfunded Mandates Reform Act
does not require a Statement of Energy
populations of less than 50,000. The Unfunded Mandates Reform Act Effects under Executive Order 13211.
The Coast Guard certifies under 5 of 1995 (2 U.S.C. 1531–1538) requires
U.S.C. 605(b) that this rule will not have Federal agencies to assess the effects of Environment
a significant economic impact on a their discretionary regulatory actions. In We have analyzed this rule under
substantial number of small entities. particular, the Act addresses actions Commandant Instruction M16475.lD,
The number of small entities impacted that may result in the expenditure by a which guides the Coast Guard in
by this rule is expected to be minimal State, local, or tribal government, in the complying with the National
because there are alternative routes for aggregate, or by the private sector of Environmental Policy Act of 1969
vessels to use when the zone is $100,000,000 or more in any one year. (NEPA) (42 U.S.C. 4321–4370f), and
enforced, permits to enter the zone are Though this rule will not result in such have concluded that there are no factors
available, and the Tanker Moving an expenditure, we do discuss the in this case that would limit the use of
Security Zone is in effect for a short effects of this rule elsewhere in this a categorical exclusion under section
duration. Since the time frame this rule preamble. 2.B.2 of the Instruction. Therefore, this
is in effect may cover commercial rule is categorically excluded, under
harvests of fish in the area, the entities Taking of Private Property figure 2–1, paragraph (34)(g), of the
most likely affected are commercial and This rule will not affect a taking of Instruction, from further environmental
native subsistence fishermen. The private property or otherwise have documentation. This rule creates no
Captain of the Port will consider taking implications under Executive additional vessel traffic and thus
applications for entry into the security Order 12630, Governmental Actions and imposes no additional burdens on the
zone on a case-by-case basis; therefore, Interference with Constitutionally environment in Prince William Sound.
it is likely that very few, if any, small Protected Property Rights. It simply provides guidelines for vessels
entities will be impacted by this rule. Civil Justice Reform transiting in the Captain Of The Port,
Those interested may apply for a permit Prince William Sound Zone so that
to enter the zone by contacting Marine This rule meets applicable standards vessels may transit safely in the vicinity
Safety Office, Valdez at the above in sections 3(a) and 3(b)(2) of Executive of the Port of Valdez and the TAPS
contact number. Order 12988, Civil Justice Reform, to terminal. A ‘‘Categorical Exclusion
minimize litigation, eliminate Determination’’ is available in the
Assistance for Small Entities ambiguity, and reduce burden. docket where indicated under
Under section 213(a) of the Small ADDRESSES.
Protection of Children
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this rule under List of Subjects in 33 CFR Part 165
we offered to assist small entities in Executive Order 13045, Protection of Harbors, Marine safety, Navigation
understanding the rule so that they Children from Environmental Health (water), Reporting and recordkeeping
could better evaluate its effects on them Risks and Safety Risks. This rule is not requirements, Safety measures, Vessels,
and participate in the rulemaking an economically significant rule and Waterways.
process. Small businesses may send does not create an environmental risk to
■ For the reasons set forth in the
comments on the actions of Federal health or risk to safety that may
preamble, the Coast Guard amends 33
employees who enforce, or otherwise disproportionately affect children.
CFR part 165 as follows:
determine compliance with, Federal Indian Tribal Governments
regulations to the Small Business and PART 165—REGULATED NAVIGATION
Agriculture Regulatory Enforcement This rule does not have tribal AREAS AND LIMITED ACCESS AREAS
Ombudsman and the Regional Small implications under Executive Order
Business Regulatory Fairness Boards. 13175, Consultation and Coordination ■ 1. The authority citation for part 165
The Ombudsman evaluates these with Indian Tribal Governments, continues to read as follows:
actions annually and rates each agency’s because it does not have a substantial Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
responsiveness to small business. If you direct effect on one or more Indian Chapter 701; 50 U.S.C. 191, 195; 33 CFR
wish to comment on actions by tribes, on the relationship between the 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Public
employees of the Coast Guard, call 1– Federal Government and Indian tribes, Law 107–295, 116 Stat. 2064; Department of
or on the distribution of power and Homeland Security Delegation No. 0170.1.
888–REG–FAIR (1–888–734–3247).
responsibilities between the Federal ■ 2. Add temporary § 165.T17–022 to
Collection of Information Government and Indian tribes. read as follows:
This rule contains no information Energy Effects
collection requirements under the § 165.T17–022 Port Valdez and Valdez
Paperwork Reduction Act (44 U.S.C. We have analyzed this rule under Narrows, Valdez, Alaska-security zones.
3501 et seq.). Executive Order 13211, Actions (a) Location. The following areas are
Concerning Regulations That security zones:
Federalism
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Significantly Affect Energy Supply, (1) Trans-Alaska Pipeline (TAPS)


A rule has implications for federalism Distribution, or Use. We have Valdez Terminal Complex (Terminal),
under Executive Order 13132, determined that it is not a ‘‘significant Valdez, Alaska and TAPS tank vessels.
Federalism, if it has a substantial direct energy action’’ under that order because All waters enclosed within a line
effect on State or local governments and it is not a ‘‘significant regulatory action’’ beginning on the southern shoreline of

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Federal Register / Vol. 71, No. 11 / Wednesday, January 18, 2006 / Rules and Regulations 2889

Port Valdez at 61°05′03.6″ N, 146°25′42″ Dated: January 5, 2006. the Internet and will be publicly
W; thence northerly to yellow buoy at M.S. Gardiner, available only in hard copy form.
61°06′00″ N, 146°25′42″ W; thence east Commander, United States Coast Guard, Publicly available docket materials are
to the yellow buoy at 61°06′00″ N, Coast Guard, Captain of the Port, Prince available either electronically in
146°21′30″ W; thence south to 61°05′06’’ William Sound, Alaska. EDOCKET or in hard copy at the Public
N, 146°21′30″ W; thence west along the [FR Doc. 06–449 Filed 1–17–06; 8:45 am] Information and Records Integrity
shoreline and including the area 2000 BILLING CODE 4910–15–P Branch (PIRIB), Rm. 119, Crystal Mall
yards inland along the shoreline to the #2, 1801 S. Bell St., Arlington, VA. This
beginning point. docket facility is open from 8:30 a.m. to
ENVIRONMENTAL PROTECTION 4 p.m., Monday through Friday,
(2) Tank Vessel Moving Security excluding legal holidays. The docket
Zone. All waters within 200 yards of AGENCY
telephone number is (703) 305–5805.
any TAPS tank vessel maneuvering to 40 CFR Part 180 FOR FURTHER INFORMATION CONTACT:
approach, moor, unmoor or depart the
[EPA–HQ–OPP–2005–0483; FRL–7754–9] Andrew Bryceland, Biopesticides and
TAPS Terminal or transiting, Pollution Prevention Division (7511C),
maneuvering, laying to or anchored Environmental Protection Agency, 1200
Thymol; Exemption from the
within the boundaries of the Captain of Pennsylvania Ave., NW., Washington,
Requirement of a Tolerance
the Port, Prince William Sound Zone DC 20460–0001; telephone number:
described in 33 CFR 3.85–20(b). AGENCY: Environmental Protection (703) 305–6928; e-mail
(3) Valdez Narrows, Port Valdez, Agency (EPA). address:bryceland.andrew@epa.gov.
Valdez, Alaska. All waters within 200 ACTION: Final rule. SUPPLEMENTARY INFORMATION:
yards of the Valdez Narrows Tanker
SUMMARY: This regulation establishes an I. General Information
Optimum Track line bounded by a line
beginning at 61°05′15″ N, 146°37′18″ W; exemption from the requirement of a
tolerance for residues of the thymol (5- A. Does this Action Apply to Me?
thence southwest to 61°04′00″ N,
methyl-2-isopropyl-1-phenol) on honey, You may be potentially affected by
146°39′52″ W; thence southerly to
honeycomb, and honeycomb with this action if you are an agricultural
61°02′32.5″ N, 146°41′25″ W; thence producer, food manufacturer, or
honey when applied/used as treatment
northwest to 61°02′40.5″ N, 146°41′47″ to decrease the incidence of Varroa mite pesticide manufacturer. Potentially
W; thence northeast to 61°04′07.5″ N, infestation in the honey bee. Vita affected entities may include, but are
146°40′15″ W; thence northeast to (Europe) Limited, c/o Landis not limited to:
61°05′22″ N, 146°37′38″ W; thence International Limited, submitted a • Crop production (NAICS code 111).
southeast back to the starting point at petition to EPA under the Federal Food, • Animal production (NAICS code
61°05′15″ N, 146°37′18″ W. Drug, and Cosmetic Act (FFDCA), as 112).
(b) Regulations. (1) The general amended by the Food Quality Protection • Food manufacturing (NAICS code
regulations in 33 CFR 165.33 apply to Act of 1996 (FQPA), requesting an 311).
the security zones described in exemption from the requirement of a • Pesticide manufacturing (NAICS
tolerance. This regulation eliminates the code 32532).
paragraph (a) of this section.
need to establish a maximum This listing is not intended to be
(2) Tank vessels transiting directly to exhaustive, but rather provides a guide
permissible level for residues of thymol
the TAPS terminal complex, engaged in for readers regarding entities likely to be
(5-methyl-2-isopropyl-1-phenol).
the movement of oil from the terminal affected by this action. Other types of
or fuel to the terminal, and vessels used DATES: This regulation is effective entities not listed in this unit could also
to provide assistance or support to the January 18, 2006. Objections and be affected. The North American
tank vessels directly transiting to the requests for hearings must be received Industrial Classification System
terminal, or to the terminal itself, and on or before March 20, 2006. (NAICS) codes have been provided to
that have reported their movements to ADDRESSES: To submit a written assist you and others in determining
the Vessel Traffic Service, as required objection or hearing request follow the whether this action might apply to
under 33 CFR part 161 and § 165.1704, detailed instructions as provided in certain entities. If you have any
may operate as necessary to ensure safe Unit X. of the SUPPLEMENTARY questions regarding the applicability of
passage of tank vessels to and from the INFORMATION. EPA has established a this action to a particular entity, consult
terminal. docket for this action under Docket the person listed under FOR FURTHER
identification (ID) number EPA–HQ– INFORMATION CONTACT.
(3) All persons and vessels must OPP–2005–0483. All documents in the
comply with the instructions of the docket are listed on the B. How Can I Access Electronic Copies
Coast Guard Captain of the Port and the www.regulations.gov web site. of this Document and Other Related
designated on-scene patrol personnel. (EDOCKET, EPA’s electronic public Information?
These personnel comprise docket and comment system was In addition to using EDOCKET (http://
commissioned, warrant, and petty replaced on November 25, 2005, by an www.epa.gov/edocket/), you may access
officers of the Coast Guard. Upon being enhanced Federal-wide electronic this Federal Register document
hailed by a vessel displaying a U.S. docket management and comment electronically through the EPA Internet
Coast Guard ensign by siren, radio, system located at http:// under the ‘‘Federal Register’’ listings at
flashing light, or other means, the www.regulations.gov/. Follow the on- http://www.epa.gov/fedrgstr/. A
operator of the vessel must proceed as line instructions.) Although listed in the frequently updated electronic version of
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directed. Coast Guard Auxiliary and index, some information is not publicly 40 CFR part 180 is available on E-CFR
local or state agencies may be present to available, i.e., CBI or other information Beta Site Two at http://
inform vessel operators of the whose disclosure is restricted by statute. www.gpoaccess.gov/ecfr/. To access the
requirements of this section and other Certain other material, such as OPPTS Harmonized Guidelines
applicable laws. copyrighted material, is not placed on referenced in this document go directly

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