Proposed Rule2024-09194
Special Local Regulation; Back River, Baltimore County, MD
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 30, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish special local regulations to provide for the safety of life on certain waters of the Back River, in Baltimore County, MD. These regulations would be enforced during a high-speed power boat event and air show which will be held annually, on the 2nd, 3rd or 4th weekend (Friday, Saturday, and Sunday) in July. This proposed rulemaking would prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port, Maryland-National Capital Region, or the Coast Guard Event Patrol Commander. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 89 Issue 84 (Tuesday, April 30, 2024)</title>
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[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Proposed Rules]
[Pages 34173-34178]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09194]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0361]
RIN 1625-AA08
Special Local Regulation; Back River, Baltimore County, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish special local
regulations to provide for the safety of life on certain waters of the
Back River, in Baltimore County, MD. These regulations would be
enforced during a high-speed power boat event and air show which will
be held annually, on the 2nd, 3rd or 4th weekend (Friday, Saturday, and
Sunday) in July. This proposed rulemaking would prohibit persons and
vessels from being in the regulated area unless authorized by the
Captain of the Port, Maryland-National Capital Region,
[[Page 34174]]
or the Coast Guard Event Patrol Commander. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 30, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0361 using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Hollie Givens, U.S.
Coast Guard Sector Maryland-National Capital Region; telephone 410-576-
2596, email <a href="/cdn-cgi/l/email-protection#276a636964756a46554e49426251424953546752544440094a4e4b"><span class="__cf_email__" data-cfemail="08454c464b5a45697a61666d4d7e6d667c7b487d7b6b6f26656164">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, Sector Maryland-National Capital Region
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec. Section
SLR Special Local Regulations
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Coast Guard regulations define ``regatta or marine parade'' as an
organized water event of limited duration which is conducted according
to a prearranged schedule. 33 CFR 100.05(a). And, as explained in 33
CFR 100.15, Coast Guard requires that an organization planning to hold
a regatta or marine event apply for a permit if the event, by its
nature, circumstances, or location, will introduce extra or unusual
hazards to the safety of life on the navigable waters of the United
States. These permits may be approved by the Coast Guard, or by the
state in which the event is to take place, if there is a Coast Guard-
State agreement in place. See 33 CFR 100.10. Upon the approval of an
application, the Captain of the Port, Sector Maryland-National Capital
Region (COTP) may promulgate such ``Special Local Regulations'' (SLR's)
as he or she deems necessary to insure safety of life on the navigable
waters immediately prior to, during, and immediately after the event.
See 33 CFR 100.35(a).
Tiki Lee's Dock Bar of Sparrows Point, MD has submitted permit
applications for two separate but concurrently held annual events in
previous years. These events are ``Tiki Lee's Shootout on the River
High Speed Power Boat'' event, and ``Tiki Lee's Shootout on the River
Air Show.'' In the past, the Coast Guard has created temporary SLR's
(which expire after a particular year's events have taken place) for
the events. Because Tiki Lee's Dock Bar has indicated that it intends
to continue to submit applications annually to hold these events (on
the 2nd, 3rd or 4th, Friday, Saturday, and Sunday in July), however, we
are proposing to incorporate the SLR into a permanent rule for these
recurring events (33 CFR 100.501). Such permanent rule would not
expire, but it would only be subject to enforcement during periods when
the events are taking place. The Coast Guard would supplement the rule
each year, when an application for the current year's events is
approved, with a Notification of Enforcement providing specifics about
enforcement times.
In ``Tiki Lee's Shootout on the River High Speed Power Boat''
event, approximately 40 participants compete with one another,
completing individually-timed power boat speed runs on a designated,
marked, linear course. The course is located in Baltimore County,
Maryland, on the Back River, between Porter Point, to the south, and
Stansbury Point, to the north. Both the power boat event and the air
show are being held adjacent to Tiki Lee's Dock Bar, 4309 Shore Road,
Sparrows Point, in Baltimore County, MD, but the speed power boat
course area is different from the air show's aerobatic box. Among the
hazards the high-speed power boat event pose are the chance that
collisions will occur between event participants operating within, or
adjacent to the navigation channel designated for the event, and non-
participants traveling through that channel, or within approaches to
local marinas, boat facilities and waterfront residential communities.
In ``Tiki Lee's Shootout on the River Air Show,'' civilian and
military aircraft perform an air show flying low, and at high speeds.
Air show performers operate within a designated, marked aerobatics box
located on the Back River, between Lynch Point, to the south, and
Walnut Point, to the north. Hazards from the air show which would
threaten people in vessels traveling in the area if such vessels were
allowed to do so without restriction include risks of injury or death
resulting from aircraft accidents, being hit by dangerous projectiles
or falling debris, and the chance that spectators and through traffic
distracted by the air show would collide. Hazards to the environment in
the event of a collision include hazardous materials spills.
The COTP Maryland-National Capital Region has determined that the
potential hazards associated with the high-speed power boat event and
air show would be a safety concern for anyone intending to participate
in this event and for vessels that operate within specified waters of
the Back River. The purpose of this rulemaking is to protect event
participants, non-participants, and transiting vessels before, during,
and after the scheduled event. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP proposes to establish special local regulations which may
be subject to enforcement in a particular year on the 2nd, 3rd or 4th
weekend (Friday, Saturday, and Sunday) in July. The regulated area for
both events would cover all navigable waters of the Back River within
an area which is approximately 4,200 yards in length and 1,200 yards in
width. It is described with particularity in the draft regulatory text,
below. The regulated area is Within the regulated area, specific zones
would be designated as a ``Course Area,'' a ``Buffer zone,'' an
``Aerobatics Box,'' and three ``Spectator Areas,'' the ``East Spectator
Fleet Area,'' the ``Northwest Spectator Fleet Area,'' and the Southwest
Spectator Fleet Area.'' These are defined in the draft regulatory text,
below. We have filed chartlets in the docket which depict these areas
visually to aid commenters, but only the language of the draft
regulatory text would be included in the regulation. To access
documents mentioned as being available in the docket, go to section V
of this document (``Public Participation and Request for Comments'').
While there are two separate events and while both are held on the
same weekends, the two events will not necessarily occur at the same
time, or on the same days. Historically, the air show has occurred on
Friday, Saturday, and Sunday, while the high-speed power boat runs have
occurred on Saturday, with a rain date of Sunday. On Saturday, when
both events occur, the high-speed power boat runs have been halted at 2
p.m. to accommodate the air show. The speed runs then have then resumed
at 3 p.m. and continue until they have finished.
The proposed enforcement periods and and the size of the regulated
area were chosen to ensure the safety of life
[[Page 34175]]
on these navigable waters before, during, and after activities
associated with the high-speed power boat event and air show. As is now
provided in 33 CFR 10.501(a), the Coast Guard would publish an annual
notification of enforcement (identifying the overall enforcement
periods and periods of enforcement of particular zones within the
regulated area) in the Federal Register, provide notice in the Fifth
Coast Guard District Local Notice to Mariners, and issue a marine
information broadcast on VHF-FM marine band radio announcing specific
event dates and times.
Consistent with 33 CFR 100.35(a), the COTP and the Coast Guard
Event PATCOM would have authority to forbid or control the movement of
all vessels and persons, including event participants, in the regulated
area. When hailed or signaled by an official patrol, a vessel or person
in the regulated area would be required to immediately comply with the
directions given by the COTP or Event PATCOM, as is now provided in 33
CFR 100.501(d). If a person or vessel fails to follow such directions,
the Coast Guard may expel them from the area, issue them a citation for
failure to comply, or both.
Only participant vessels would be allowed to enter the course area
and aerobatics box. Except for Tiki Lee's Shootout on the River
participants and vessels already at berth, a vessel or person would be
required to get permission from the COTP or Event PATCOM before
entering the regulated area. Vessel operators would be able to request
permission to enter and transit through the regulated area by
contacting the Event PATCOM on VHF-FM channel 16. Operators of vessels
already at berth desiring to move those vessels when the event is
subject to enforcement would be required to obtain permission before
doing so.
If permission is granted by the COTP or Event PATCOM, a person or
vessel would be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels would be required to
operate at a safe speed that minimizes wake while within the regulated
area in a manner that would not endanger event participants or any
other craft.
A person or vessel not registered with the event sponsor as a
participant or assigned as official patrols would be considered a
spectator. A spectator vessel must not loiter within the navigable
channel while within the regulated area. Official patrol vessels would
direct spectators to the designated spectator area. Official Patrols
are any vessel assigned or approved by the Commander, Coast Guard
Sector Maryland-National Capital Region with a commissioned, warrant,
or petty officer onboard and displaying a Coast Guard ensign. Official
Patrols enforcing this regulated area can be contacted on VHF-FM
channel 16 and channel 22A.
This proposed rule would modify 33 CFR 100.501 by listing a new
recurring marine event in Table 2 to Paragraph (i)(2), which covers the
Coast Guard Sector Maryland-National Capital Region COTP Zone. The
Coast Guard is proposing this rulemaking under authority in 46 U.S.C.
70041.
The regulatory text we are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the size and
duration of the regulated area, which would impact a small, designated
area of Back River. This waterway supports mainly recreational vessel
traffic, which at its peak, occurs during the summer season. Although
this regulated area extends across the entire width of the waterway,
the rule would allow vessels and persons to seek permission to enter
the regulated area, and vessel traffic would be able to transit the
regulated area as instructed by Event PATCOM. Such vessels must operate
at safe speed that minimizes wake and not loiter within the navigable
channel while within the regulated area. Moreover, the Coast Guard
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the status of 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 certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
[[Page 34176]]
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 proposed rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area. Normally such actions are
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2024-0361 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 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. 100.501 amend table 4 to paragraph (i)(2) by adding a new
entry in alphabetical order to read as follows:
Sec. 100.501 Special Local Regulations; Marine Events Within the
Fifth Coast Guard District.
* * * * *
(i) * * *
(2) * * *
[[Page 34177]]
Table 2 to Paragraph (i)(2)
----------------------------------------------------------------------------------------------------------------
Event Regulated area Enforcement period(s) Sponsor
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Tiki Lee's Shootout on the River Regulated area. All This section will be Tiki Lee's Dock Bar of
High Speed Power Boat Event and navigable waters of Back enforced on the 2nd, Sparrows Point, MD.
Air Show. River, within an area 3rd or 4th, Friday,
bounded by a line Saturday, and Sunday
connecting the following in July. A
points: from the shoreline Notification of
at Lynch Point at latitude Enforcement will be
39[deg]14'46'' N, published 30 days
longitude 076[deg]26'23'' prior to the event
W, thence northeast to dates with specified
Porter Point at latitude enforcement times.
39[deg]15'13'' N,
longitude 076[deg]26'11''
W, thence north along the
shoreline to Walnut Point
at latitude 39[deg]17'06''
N, longitude
076[deg]27'04'' W, thence
southwest to the shoreline
at latitude 39[deg]16'41''
N, longitude
076[deg]27'31'' W, thence
south along the shoreline
to and terminating at the
point of origin. The
course area, aerobatics
box and spectator areas
are within the regulated
area.
Course Area. The course
area is a polygon in shape
measuring approximately
1,400 yards in length by
50 yards in width. The
area is bounded by a line
commencing at position
latitude 39[deg]16'14.98''
N, longitude
076[deg]26'57.38'' W,
thence east to latitude
39[deg]16'15.36'' N,
longitude
076[deg]26'55.56'' W,
thence south to latitude
39[deg]15'33.40'' N,
longitude
076[deg]26'49.70'' W,
thence west to latitude
39[deg]15'33.17'' N,
longitude
076[deg]26'51.60'' W,
thence north to and
terminating at the point
of origin.
Buffer Zone. The buffer
zone is a polygon in shape
measuring approximately
100 yards in east and west
directions and
approximately 150 yards in
north and south directions
surrounding the entire
course area described in
the preceding paragraph of
this section. The area is
bounded by a line
commencing at position
latitude 39[deg]16'18.72''
N, longitude
076[deg]27'01.74'' W,
thence east to latitude
39[deg]16'20.36'' N,
longitude
076[deg]26'52.39'' W,
thence south to latitude
39[deg]15'29.27'' N,
longitude
076[deg]26'45.36'' W,
thence west to latitude
39[deg]15'28.43'' N,
longitude
076[deg]26'54.94'' W,
thence north to and
terminating at the point
of origin.
Aerobatics Box. The
aerobatics box is a
polygon in shape measuring
approximately 5,000 feet
in length by 1,000 feet in
width. The area is bounded
by a line commencing at
position latitude
39[deg]16'01.2'' N,
longitude
076[deg]27'05.7'' W,
thence east to latitude
39[deg]16'04.7'' N,
longitude
076[deg]26'53.7'' W,
thence south to latitude
39[deg]15'16.9'' N,
longitude
076[deg]26'35.2'' W,
thence west to latitude
39[deg]15'13.7'' N,
longitude
076[deg]26'47.2'' W,
thence north to and
terminating at the point
of origin.
East Spectator Fleet Area.
The area is a polygon in
shape measuring
approximately 2,200 yards
in length by 450 yards in
width. The area is bounded
by a line commencing at
position latitude
39[deg]15'20.16'' N,
longitude
076[deg]26'17.99'' W,
thence west to latitude
39[deg]15'17.47'' N,
longitude
076[deg]26'27.41'' W,
thence north to latitude
39[deg]16'18.48'' N,
longitude
076[deg]26'48.42'' W,
thence east to latitude
39[deg]16'25.60'' N,
longitude
076[deg]26'27.14'' W,
thence south to latitude
39[deg]15'40.90'' N,
longitude
076[deg]26'31.30'' W,
thence south to and
terminating at the point
of origin.
[[Page 34178]]
Northwest Spectator Fleet
Area. The area is a
polygon in shape measuring
approximately 750 yards in
length by 150 yards in
width. The area is bounded
by a line commencing at
position latitude
39[deg]16'01.64'' N,
longitude
076[deg]27'11.62'' W,
thence south to latitude
39[deg]15'47.80'' N,
longitude
076[deg]27'06.50'' W,
thence southwest to
latitude 39[deg]15'40.11''
N, longitude
076[deg]27'08.71'' W,
thence northeast to
latitude 39[deg]15'45.63''
N, longitude
076[deg]27'03.08'' W,
thence northeast to
latitude 39[deg]16'01.19''
N, longitude
076[deg]27'05.65'' W,
thence west to and
terminating at the point
of origin.
Southwest Spectator Fleet
Area. The area is a
polygon in shape measuring
approximately 400 yards in
length by 175 yards in
width. The area is bounded
by a line commencing at
position latitude
39[deg]15'30.81'' N,
longitude
076[deg]27'05.58'' W,
thence south to latitude
39[deg]15'21.06'' N,
longitude
076[deg]26'56.14'' W,
thence east to latitude
39[deg]15'21.50'' N,
longitude
076[deg]26'52.59'' W,
thence north to latitude
39[deg]15'29.75'' N,
longitude
076[deg]26'56.12'' W,
thence west to and
terminating at the point
of origin.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: April 24, 2024.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-
National Capital Region.
[FR Doc. 2024-09194 Filed 4-29-24; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.