Proposed Rule2025-04096
Security Zones; Tampa Bay: Big Bend, Boca Grande, Crystal River, East Bay, Hillsborough Bay, MacDill Air Force Base, Manbirtee Key, Old Port Tampa, Port Manatee, Port Tampa, Port St. Petersburg, Port Sutton, Rattlesnake, and Weedon Island, FL
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
March 14, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to disestablish the existing security zone for Rattlesnake, Tampa, FL in old Tampa Bay, including on land portions of the Chemical Formulators Chlorine Facility. Since the implementation of the regulation, the facility has permanently ceased operations making the provisions of the security zone no longer applicable. This proposed action would remove existing regulations that restrict vessel movement through the area. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 90 Issue 49 (Friday, March 14, 2025)</title>
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[Federal Register Volume 90, Number 49 (Friday, March 14, 2025)]
[Proposed Rules]
[Pages 12118-12121]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04096]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-1098]
RIN 1625-AA87
Security Zones; Tampa Bay: Big Bend, Boca Grande, Crystal River,
East Bay, Hillsborough Bay, MacDill Air Force Base, Manbirtee Key, Old
Port Tampa, Port Manatee, Port Tampa, Port St. Petersburg, Port Sutton,
Rattlesnake, and Weedon Island, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to disestablish the existing
security zone for Rattlesnake, Tampa, FL in old Tampa Bay, including on
land portions of the Chemical Formulators Chlorine Facility. Since the
implementation of the regulation, the facility has permanently ceased
operations making the provisions of the security zone no longer
applicable. This proposed action would remove existing regulations that
restrict vessel movement through the area. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 14, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-1098 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 Lieutenant Ryan McNaughton. Sector
St. Petersburg, Ports & Waterways Branch Chief, U.S. Coast Guard;
telephone (813) 228-2191 ext. 8142, email <a href="/cdn-cgi/l/email-protection#98cae1f9f6b6d9b6d5fbd6f9edfff0ecf7f6d8edebfbffb6f5f1f4"><span class="__cf_email__" data-cfemail="0a58736b64244b244769446b7f6d627e65644a7f79696d24676366">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector St. Petersburg
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
In February 2024, the Coast Guard was notified that Chemical
Formulators Chlorine Facility was no longer in operation. The purpose
of this rulemaking is to disestablish a security zone described in 33
CFR 165.703(a)(1)(i); in certain waters of Old Tampa Bay, Tampa, FL.
With the closure of Chemical Formulators Chlorine facility, the
security zone is no longer necessary. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The Coast Guard is proposing to disestablish the security zone for
facilities and structures; Rattlesnake, Tampa, FL in Sec.
165.703(a)(1)(i). The regulation places unnecessary restrictions on
vessel movement in Old Tampa Bay. The regulatory text we are
[[Page 12119]]
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 need to align
the regulations with the current arrangements of the port as the
waterfront facility safety zone is no longer required.
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.
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 rulemaking 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.
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
disestablishing a security zone. Normally such actions are
categorically excluded from further review under paragraph L60(b) 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.
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-2024-1098 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.
[[Page 12120]]
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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Revise Sec. 165.703 to read as follows:
Sec. 165.703 Security Zones; Tampa Bay: Big Bend, Boca Grande,
Crystal River, East Bay, Hillsborough Bay, MacDill Air Force Base,
Manbirtee Key, Old Port Tampa, Port Manatee, Port Tampa, Port St.
Petersburg, Port Sutton, Rattlesnake, and Weedon Island, FL.
(a) Regulated areas. The following areas, denoted by coordinates
fixed using the North American Datum of 1983 (World Geodetic System
1984) are security zones:
(1) Security zones for facilities and structures--(i) Old Port
Tampa, Tampa, FL. All waters, from surface to bottom, in Old Tampa Bay
encompassed within the following points: 27[deg]51.62' N,
082[deg]33.14' W; thence to 27[deg]51.71' N, 082[deg]32.5' W; thence to
27[deg]51.76' N, 082[deg]32.5' W; thence to 27[deg]51.73' N,
082[deg]33.16' W; thence to 27[deg]51.62' N, 082[deg]33.14' W, closing
off the Old Port Tampa Channel.
(ii) Sunshine Skyway Bridge, FL. All waters in Tampa Bay, from
surface to bottom, in Cut ``A'' channel beneath the bridge's main span
encompassed within the following points: 27[deg]37.30' N,
082[deg]39.38' W; 27[deg]37.13' N, 082[deg]39.26' W; and the bridge
structure columns, base and dolphins. This zone is specific to the
bridge structure and dolphins and does not include waters adjacent to
the bridge columns or dolphins outside of the bridge's main span. Any
vessel may transit through this zone but, may not loiter, anchor, or
conduct operations, including dredging, dive operation, surveying, or
maintenance, unless otherwise directed by the Captain of the Port.
Anyone wanting to conduct these operations must submit a request via
email to <a href="/cdn-cgi/l/email-protection#15424258417478657455606676723b787c79"><span class="__cf_email__" data-cfemail="d88f8f958cb9b5a8b998adabbbbff6b5b1b4">[email protected]</span></a> or contact the Sector Command Center after
hours at 727.824.7506.
(iii) Manbirtee Key, Port of Manatee, FL. All waters, from surface
to bottom, surrounding, surrounding Manbirtee Key, Tampa Bay, FL
extending 500 yards from the island's shoreline, in all directions, not
to include the Port Manatee Channel.
(iv) MacDill Air Force Base, Tampa Bay, FL. All waters encompassed
within the following coordinates: 27[deg]51.88' N, 082[deg]29.31' W;
thence to 27[deg]52.01' N, 082[deg]28.85' W; thence to 27[deg]51.48' N,
082[deg]28.17' W; thence to 27[deg]51.02' N, 082[deg]27.76' W; thence
to 27[deg]50.72' N, 082[deg]27.61' W; thence to 27[deg]50.33' N,
082[deg]27.59' W; thence to 27[deg]49.65' N, 082[deg]27.73' W; thence
to 27[deg]49.34' N, 082[deg]27.79' W; thence to 27[deg]49.10' N,
082[deg]27.88' W; thence to 27[deg]48.88' N, 082[deg]28.10' W; thence
to 27[deg]48.76' N, 082[deg]28.54' W; thence to 27[deg]48.87' N,
082[deg]29.44' W; thence to 27[deg]49.06' N, 082[deg]30.39' W; thence
to 27[deg]48.75' N, 082[deg]31.17' W; thence to 27[deg]49.16' N,
082[deg]32.41' W; thence to 27[deg]49.64' N, 082[deg]33.04' W; thence
to 27[deg]49.95' N, 082[deg]32.75' W; thence to 27[deg]50.09' N,
082[deg]32.81' W; thence to 27[deg]50.56' N, 082[deg]32.75' W; thence
to 27[deg]50.71' N, 082[deg]32.18' W.
(v) Piers, seawalls, and facilities, Port of Tampa and Port Sutton,
Tampa, FL. All waters, from surface to bottom, extending 50 yards from
the shore, seawall, and piers around facilities in Port Sutton within
the Port of Tampa encompassed by a line connecting the following
points: 27[deg]54.15' N, 082[deg]26.06' W; thence to; 27[deg]54.46' N,
082[deg]25.71' W; closing off all Port Sutton Channel.
(vi) Piers, seawalls, and facilities, Port of Tampa, on the western
side of Hooker's Point, Tampa, FL. All waters, from surface to bottom,
extending 50 yards from the shore, seawall, and piers around facilities
on Hillsborough Bay northern portion of Cut ``D'' Channel, Sparkman
Channel, Ybor Turning Basin, and Ybor Channel within the Port of Tampa
encompassed by a line connecting the following points: 27[deg]54.74' N,
082[deg]26.47' W; thence to 27[deg]55.25' N, 082[deg]26.73' W; thence
to 27[deg]55.60' N, 082[deg]26.80' W; thence to 27[deg]56.00' N,
082[deg]26.75' W; thence to 27[deg]56.58' N, 082[deg]26.53' W; thence
to 27[deg]57.29' N, 082[deg]26.51' W; thence to 27[deg]57.29' N,
082[deg]26.61' W; thence to 27[deg]56.65' N, 082[deg]26.63' W; thence
to 27[deg]56.58' N, 082[deg]26.69' W; thence to 27[deg]56.53' N,
082[deg]26.90' W.
(vii) St. Petersburg Harbor, FL. All waters, from surface to
bottom, extending 50 yards from the seawall and around all moorings and
vessels in St. Petersburg Harbor (Bayboro Harbor), commencing on the
north side of the channel at day beacon ``10'' (LLNR 24995) in
approximate position 27[deg]45.56' N, 082[deg]37.55' W, and westward
along the seawall to the end of the cruise terminal in approximate
position 27[deg]45.72' N, 082[deg]37.97' W. The zone will also include
the Coast Guard south moorings in St. Petersburg Harbor. The zone will
extend 50 yards around the piers commencing from approximate position
27[deg]45.51' N, 082[deg]37.99' W; to 27[deg]45.52' N, 082[deg]37.57'
W. The southern boundary of the zone is shoreward of a line between the
entrance to Salt Creek easterly towards day beacon ``11'' (LLNR 24990).
(viii) Crystal River Nuclear Power Plant. All waters, from surface
to bottom, around the FL, Power Crystal River Nuclear Power Plant
located at the end of the Florida Power Corporation Channel, Crystal
River, Florida, encompassed by a line connecting the following points:
28[deg]56.87' N, 082[deg]45.17' W; thence to 28[deg]57.37' N,
082[deg]41.92' W; thence to 28[deg]56.79' N, 082[deg]45.13' W; thence
to 28[deg]57.32' N, 082[deg]41.92' W.
(ix) Crystal River Demory Gap Channel. All waters, from surface to
bottom, in the Demory Gap Channel in Crystal River, Florida,
encompassed by the following points: 28[deg]57.61' N, 082[deg]43.42' W
thence to; 28[deg]57.55' N, 082[deg]41.88' W thence to; 28[deg]57.58'
N, 082[deg]43.42' W thence to; 28[deg]57.51' N, 082[deg]41.88' W.
(x) Big Bend Power Plant, FL. All waters of Tampa Bay, from surface
to bottom, adjacent to the Big Bend Power Facility, and within an area
bounded by the following points: 27[deg]48.08' N, 082[deg]24.88' W;
thence to 27[deg]48.15' N, 082[deg]24.96' W; thence to; 27[deg]48.10'
N, 082[deg]25.00' W; thence to 27[deg]47.85' N, 082[deg]25.03' W;
thence to 27[deg]47.58' N, 082[deg]24.89' W; thence to 27[deg]47.58' N,
082[deg]24.06' W; thence to; 27[deg]47.62' N, 082[deg]24.04' W; thence
to 27[deg]47.63' N, 082[deg]24.71' W; thence to 27[deg]48.03' N,
082[deg]24.70' W; thence to 27[deg]48.08' N, 082[deg]24.88' W, closing
off entrance to Big Bend Power Facility and the attached cooling canal.
(xi) Weedon Island Power Plant, FL. All waters of Tampa Bay, from
surface to bottom, extending 50 yards from the shore, seawall and piers
around the Power Facility at Weedon Island encompassed by the following
points: 27[deg]51.52' N, 082[deg]35.82' W; thence along
[[Page 12121]]
the shore to; 27[deg]51.54' N, 082[deg]35.78' W; thence to
27[deg]51.89' N, 082[deg]35.82' W; thence to 27[deg]51.89' N,
082[deg]36.14' W, closing off the entrance to both canals.
(2) Vessel specific security zones--(i) Moving security zones for
Cruise Ships and vessels carrying Especially Hazardous Cargos. The
following security zones and procedures are established for all waters,
from surface to bottom, within a 500-yard radius, as outlined below:
(A) For inbound vessels commencing at Egmont Channel Lighted Buoys
``9'' (LLNR 22270) and ``10'' (LLNR 22275) through to berth.
(B) For shifting vessels from their departure berth to destination
berth.
(C) For outbound vessels commencing at berth through to Egmont
Channel Lighted Buoys ``9'' (LLNR 22270) and ``10'' (LLNR 22275).
(D) All subject vessels operating in the Captain of the Port St.
Petersburg Zone shall follow the reporting requirements in 33 CFR part
160, subpart C.
(E) Any vessel desiring to enter or transit the security zone shall
obtain permission from the Captain of the Port St. Petersburg or a
designated representative. If permission is granted, all persons and
vessels must comply with any given instructions.
(ii) Fixed security zones for moored cruise ships and moored
vessels carrying especially hazardous cargos. A security zone is
established for all waters, from surface to bottom, within a 200-yard
radius around moored cruise ships and moored vessels carrying
especially hazardous cargos, as outlined below:
(A) All subject vessels operating in the Captain of the Port St.
Petersburg Zone shall follow reporting requirements in 33 CFR part 160,
subpart C.
(B) Any vessel desiring to enter or transit the security zone shall
obtain permission from the Captain of the Port St. Petersburg or a
designated representative. If permission is granted, all persons and
vessels must comply with any given instructions.
(C) No vessel may loiter, anchor, or conduct maintenance operations
within the security zone, unless otherwise directed by the Captain of
the Port St. Petersburg or a designated representative. This includes,
but is not limited to dredging operations, dive operations, and
surveying. Anyone wanting to conduct these operations must submit a
request via email to <a href="/cdn-cgi/l/email-protection#c196968c95a0acb1a081b4b2a2a6efaca8ad"><span class="__cf_email__" data-cfemail="4a1d1d071e2b273a2b0a3f39292d64272326">[email protected]</span></a> or contact the Sector Command
Center after hours at 727.824.7506.
(b) Definitions. As used in this section:
Ammonium nitrate means ammonium nitrate and ammonium nitrate based
fertilizers listed as Division 5.1 (oxidizing) materials as defined in
33 CFR 172.101 except when carried as CDC residue.
Captain of the Port (COTP) for the purpose of this section means
the Commanding Officer of Coast Guard Sector St. Petersburg.
Captain of the Port St. Petersburg Zone as defined in 33 CFR 3.35-
35.
Certain dangerous cargo includes Division 1.5D blasting agents for
which a permit is required under 49 CFR 176.415 or, for which a permit
is required as a condition of Research and Special Programs
Administration exemption. This includes ammonium nitrate fuel oil
mixture.
Commercial vessels means any tank, bulk, container, cargo, cruise
ships, pilot vessels, or tugs. This definition excludes fishing
vessels, salvage vessels, dead ship tow operations.
Cruise Ship means the same as defined 33 CFR 101.105.
Designated representative means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels, and Federal, State, and local officers
designated by or assisting the COTP, in the enforcement of regulated
navigation areas, safety zones, and security zones.
Especially hazardous cargo means anhydrous ammonia, ammonium
nitrate, chlorine, liquefied natural gas, liquefied petroleum gas, and
any other substance, material, or group or class in a particular amount
and form that the Secretary determines by regulation poses a
significant risk of creating a transportation security incident while
being transported in maritime commerce.
(c) Regulations. (1) Entry into or remaining on or within the zones
described in paragraph (a) of this section is prohibited unless
authorized by the Captain of the Port St. Petersburg or a designated
representative.
(2) Any changes to the requirements for these regulated areas will
be given by Broadcast Notice to Mariners on VHF-FM Channel 22A.
Note to Sec. 165.703(c)(2): A graphical representation of all
fixed security zones will be made available through nautical charts
via the Coast Pilot.
(3) The Captain of Port St. Petersburg has provisions for escorting
especially hazardous cargos as described in this section, but reserves
the right to establish additional provisions for any potentially
hazardous cargos.
(4) Enforcement. Under Sec. 165.33, no person may authorize the
operation of a vessel in the security zones contrary to the provisions
of this section.
(d) Waivers. The Captain of the Port St. Petersburg may waive any
of the requirements of this subpart for any vessel, facility, or
structure upon finding that the vessel or class of vessel, operational
conditions, or other circumstances are such that application of this
subpart is unnecessary or impractical for purposes of port safety and
security or environmental safety.
Dated: March 7, 2025.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2025-04096 Filed 3-13-25; 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.