80 FR 19533 - Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972

DEPARTMENT OF DEFENSE
Department of the Navy

Federal Register Volume 80, Issue 70 (April 13, 2015)

Page Range		19533-19534
FR Document		2015-08422

The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972, as amended (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS CORONADO (LCS 4) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

Federal Register, Volume 80 Issue 70 (Monday, April 13, 2015)

[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Rules and Regulations]
[Pages 19533-19534]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08422]


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DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 706


Certifications and Exemptions Under the International Regulations 
for Preventing Collisions at Sea, 1972

AGENCY: Department of the Navy, DoD.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of the Navy (DoN) is amending its 
certifications and exemptions under the International Regulations for 
Preventing Collisions at Sea, 1972, as amended (72 COLREGS), to reflect 
that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and 
Maritime Law) has determined that USS CORONADO (LCS 4) is a vessel of 
the Navy which, due to its special construction and purpose, cannot 
fully comply with certain provisions of the 72 COLREGS without 
interfering with its special function as a naval ship. The intended 
effect of this

[[Page 19534]]

rule is to warn mariners in waters where 72 COLREGS apply.

DATES: This rule is effective April 13, 2015 and is applicable 
beginning April 1, 2015.

FOR FURTHER INFORMATION CONTACT: Commander Theron R. Korsak, (Admiralty 
and Maritime Law), Office of the Judge Advocate General, Department of 
the Navy, 1322 Patterson Ave. SE., Suite 3000, Washington Navy Yard, DC 
20374-5066, telephone 202-685-5040.

SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33 
U.S.C. 1605, the DoN amends 32 CFR part 706.
    This amendment provides notice that the DAJAG (Admiralty and 
Maritime Law), under authority delegated by the Secretary of the Navy, 
has certified that USS CORONADO (LCS 4) is a vessel of the Navy which, 
due to its special construction and purpose, cannot fully comply with 
the following specific provisions of 72 COLREGS without interfering 
with its special function as a naval ship: Annex I, paragraph 3(c), 
pertaining to the task light's horizontal distance from the fore and 
aft centerline of the vessel in the athwartship direction. The DAJAG 
(Admiralty and Maritime Law) has also certified that the lights 
involved are located in closest possible compliance with the applicable 
72 COLREGS requirements.
    Moreover, it has been determined, in accordance with 32 CFR parts 
296 and 701, that publication of this amendment for public comment 
prior to adoption is impracticable, unnecessary, and contrary to public 
interest since it is based on technical findings that the placement of 
lights on this vessel in a manner differently from that prescribed 
herein will adversely affect the vessel's ability to perform its 
military functions.

List of Subjects in 32 CFR Part 706

    Marine safety, Navigation (water), Vessels.
    For the reasons set forth in the preamble, the DoN amends part 706 
of title 32 of the Code of Federal Regulations as follows:

PART 706--CERTIFICATIONS AND EXEMPTIONS UNDER THE INTERNATIONAL 
REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972

0
1. The authority citation for part 706 continues to read as follows:

     Authority:  33 U.S.C. 1605.


0
2. Section 706.2 is amended in Table Five by revising the entry for USS 
CORONADO (LCS 4) to read as follows:


Sec.  706.2  Certifications of the Secretary of the Navy under 
Executive Order 11964 and 33 U.S.C. 1605.

* * * * *
* * * * *

                               Table Four
------------------------------------------------------------------------
                                                           Horizontal
                                                          distance from
                                                        the fore and aft
                   Vessel                      Number     centerline of
                                                          the vessel in
                                                        the athwart ship
                                                            direction
------------------------------------------------------------------------
 
                                * * * * *
USS CORONADO................................     LCS 4              0.18
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

    Approved: April 1, 2015.
A.B. Fischer,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
    Dated: April 6, 2015.
N. A. Hagerty-Ford,
Commander, Office of the Judge Advocate General, U.S. Navy, Federal 
Register Liaison Officer.
[FR Doc. 2015-08422 Filed 4-10-15; 8:45 am]
 BILLING CODE 3810-FF-P

Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations 19533

§ 542.532 Authorized transactions (6) Creating or undertaking a Department of Energy Regulations set
necessary and ordinarily incident to marketing campaign to promote a forth at 10 CFR part 810;
publishing. written publication; and (3) The exportation of information or
(a) Subject to the restrictions set forth (7) Other transactions necessary and technology subject to the authorization
in paragraphs (b) through (d) of this ordinarily incident to the publishing requirements of 10 CFR part 810, or
section, U.S. persons are authorized to and marketing of written publications as Restricted Data as defined in section 11
engage in all transactions necessary and described in this paragraph (a). y. of the Atomic Energy Act of 1954, as
ordinarily incident to the publishing (b) This section does not authorize amended, or of other information, data,
and marketing of manuscripts, books, transactions involving the provision of or technology the release of which is
journals, and newspapers in paper or goods or services not necessary and controlled under the Atomic Energy Act
electronic format (collectively, ‘‘written ordinarily incident to the publishing and regulations therein;
publications’’). This section does not and marketing of written publications as (4) The exportation of any item
apply if the parties to the transactions described in paragraph (a) of this (including information) subject to the
described in this paragraph include the section. For example, this section does EAR where a U.S. person knows or has
Government of Syria or any other not authorize U.S. persons: reason to know that the item will be
person whose property and interests in (1) To provide or, if involving blocked used, directly or indirectly, with respect
property are blocked pursuant to property, to receive individualized or to certain nuclear, missile, chemical, or
§ 542.201. For the purposes of this customized services (including biological weapons or nuclear-maritime
section, the term ‘‘Government of Syria’’ accounting, legal, design, or consulting end-uses as set forth in part 744 of the
includes the state and the Government services), other than those necessary EAR. In addition, U.S. persons are
of the Syrian Arab Republic, as well as and ordinarily incident to the precluded from exporting any item
any political subdivision, agency, or publishing and marketing of written subject to the EAR to certain restricted
instrumentality thereof, which includes publications, even though such end-users, as set forth in part 744 of the
the Central Bank of Syria, and any individualized or customized services EAR, as well as certain persons whose
person acting or purporting to act are delivered through the use of export privileges have been denied
directly or indirectly on behalf of any of information or informational materials; pursuant to parts 764 or 766 of the EAR,
the foregoing with respect to the (2) To create or undertake for any without authorization from the
transactions described in this paragraph. person a marketing campaign with Department of Commerce; or
For the purposes of this section, the respect to any service or product other (5) The exportation of information
term ‘‘Government of Syria’’ does not than a written publication, or to create subject to licensing requirements under
include any academic or research or undertake a marketing campaign of the ITAR or exchanges of information
institutions and their personnel. any kind for the benefit of the that are subject to regulation by other
Pursuant to this section, the following Government of Syria; government agencies.
activities are authorized, provided that (3) To engage in the exportation or, if John E. Smith,
U.S. persons ensure that they are not involving blocked property, the
engaging, without separate Acting Director, Office of Foreign Assets
importation of goods to or from Syria Control.
authorization, in the activities identified other than the exportation of embedded
in paragraphs (b) through (d) of this [FR Doc. 2015–08374 Filed 4–10–15; 8:45 am]
software described in paragraph
section: BILLING CODE 4810–AL–P
(a)(3)(ii) of this section; or
(1) Commissioning and making (4) To operate a publishing house,
advance payments for identifiable sales outlet, or other office in Syria.
written publications not yet in Note to paragraph (b) of § 542.532: The DEPARTMENT OF DEFENSE
existence, to the extent consistent with importation from Syria and the exportation to
industry practice; Syria of information or informational Department of the Navy
(2) Collaborating on the creation and materials, as defined in § 542.307, whether
enhancement of written publications; commercial or otherwise, regardless of format 32 CFR Part 706
(3)(i) Augmenting written or medium of transmission, are exempt from
publications through the addition of the prohibitions and regulations of this part. Certifications and Exemptions Under
items such as photographs, artwork, See § 542.211(b). the International Regulations for
translation, explanatory text, and, for a Preventing Collisions at Sea, 1972
(c) This section does not authorize
written publication in electronic format, U.S. persons to engage the services of AGENCY: Department of the Navy, DoD.
the addition of embedded software publishing houses or translators in Syria ACTION: Final rule.
necessary for reading, browsing, that involves dealing in property unless
navigating, or searching the written such activity is primarily for the SUMMARY: The Department of the Navy
publication; and dissemination of written publications in (DoN) is amending its certifications and
(ii) Exporting embedded software Syria. exemptions under the International
necessary for reading, browsing, (d) This section does not authorize: Regulations for Preventing Collisions at
navigating, or searching a written (1) The exportation from or, if Sea, 1972, as amended (72 COLREGS),
publication in electronic format, involving blocked property, the to reflect that the Deputy Assistant
provided that the software is designated importation into the United States of Judge Advocate General (DAJAG)
as ‘‘EAR99’’ under the Export services for the development, (Admiralty and Maritime Law) has
wreier-aviles on DSK5TPTVN1PROD with RULES

Administration Regulations, 15 CFR production, or design of software; determined that USS CORONADO (LCS
parts 730 through 774 (the ‘‘EAR’’), or (2) Transactions for the development, 4) is a vessel of the Navy which, due to
is not subject to the EAR; production, design, or marketing of its special construction and purpose,
(4) Substantive editing of written technology specifically controlled by cannot fully comply with certain
publications; the International Traffic in Arms provisions of the 72 COLREGS without
(5) Payment of royalties for written Regulations, 22 CFR parts 120 through interfering with its special function as a
publications; 130 (the ‘‘ITAR’’), the EAR, or the naval ship. The intended effect of this

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19534 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Rules and Regulations

rule is to warn mariners in waters where § 706.2 Certifications of the Secretary of FOR FURTHER INFORMATION CONTACT:
72 COLREGS apply. the Navy under Executive Order 11964 and Andrina Brown, Office of Field
33 U.S.C. 1605. Programs (41A), National Cemetery
DATES: This rule is effective April 13,
2015 and is applicable beginning April * * * * * Administration (NCA), Department of
1, 2015. Veterans Affairs, 810 Vermont Avenue
* * * * * NW., Washington, DC 20420.
FOR FURTHER INFORMATION CONTACT: Telephone: (202) 461–6833 (this is not
Commander Theron R. Korsak, TABLE FOUR a toll-free number).
(Admiralty and Maritime Law), Office of
SUPPLEMENTARY INFORMATION: In a
the Judge Advocate General, Department Horizontal
distance from document published on July 2, 2014 (79
of the Navy, 1322 Patterson Ave. SE.,
the fore FR 37698), VA proposed revising its
Suite 3000, Washington Navy Yard, DC
Vessel Number and aft regulations governing burial in national
20374–5066, telephone 202–685–5040. centerline of cemeteries to implement new authority
SUPPLEMENTARY INFORMATION: Pursuant the vessel in
the athwart under section 2306 of title 38, United
to the authority granted in 33 U.S.C. ship direction States Code (U.S.C.), to furnish a casket
1605, the DoN amends 32 CFR part 706. or urn for interment in a VA national
This amendment provides notice that cemetery of the unclaimed remains of
the DAJAG (Admiralty and Maritime * * * * * veterans for whom VA cannot identify
Law), under authority delegated by the USS CORO- a next-of-kin and determines that
Secretary of the Navy, has certified that NADO .......... LCS 4 0.18 sufficient financial resources for the
USS CORONADO (LCS 4) is a vessel of furnishing of a casket or urn for burial
* * * * *
the Navy which, due to its special are not otherwise available. The 30-day
construction and purpose, cannot fully * * * * * public comment period ended on
comply with the following specific August 1, 2014. VA received fourteen
provisions of 72 COLREGS without Approved: April 1, 2015. comments from interested individuals
interfering with its special function as a A.B. Fischer, and organizations. To address some of
naval ship: Annex I, paragraph 3(c), Captain, JAGC, U.S. Navy, Deputy Assistant those comments, as will be explained in
pertaining to the task light’s horizontal Judge Advocate, General (Admiralty and detail below, VA added a new
distance from the fore and aft centerline Maritime Law). paragraph (b) and redesignated
of the vessel in the athwartship Dated: April 6, 2015. proposed paragraphs (b), (c), and (d) as
direction. The DAJAG (Admiralty and N. A. Hagerty-Ford, paragraphs (c), (d), and (e), respectively.
Maritime Law) has also certified that the Commander, Office of the Judge Advocate Eight commenters expressed support
lights involved are located in closest General, U.S. Navy, Federal Register Liaison for the proposed amendment. We thank
possible compliance with the applicable Officer. these individuals for taking the time to
72 COLREGS requirements. [FR Doc. 2015–08422 Filed 4–10–15; 8:45 am] review and comment on the rulemaking.
Moreover, it has been determined, in BILLING CODE 3810–FF–P We make no changes to the regulation
accordance with 32 CFR parts 296 and based on these comments.
701, that publication of this amendment One commenter suggested that VA
for public comment prior to adoption is contract with online providers of
impracticable, unnecessary, and DEPARTMENT OF VETERANS caskets and urns to make bulk
contrary to public interest since it is AFFAIRS purchases of caskets and urns, which
based on technical findings that the 38 CFR Part 38 would then be shipped to individuals
placement of lights on this vessel in a who apply online. As discussed in the
manner differently from that prescribed RIN 2900–AO99
preamble to the proposed rulemaking,
herein will adversely affect the vessel’s VA considered the direct purchase
ability to perform its military functions. Reimbursement for Caskets and Urns option but determined that would be a
for Burial of Unclaimed Remains in a less efficient and economical means of
List of Subjects in 32 CFR Part 706 administering this benefit. Development
National Cemetery
Marine safety, Navigation (water), of an online application portal and
Vessels. AGENCY: Department of Veterans Affairs. establishment of contractual
For the reasons set forth in the ACTION: Final rule. relationships with suppliers would
preamble, the DoN amends part 706 of require considerable time and would
SUMMARY: The Department of Veterans delay VA’s ability to timely provide this
title 32 of the Code of Federal
Affairs (VA) National Cemetery benefit as needs arise. The expense
Regulations as follows:
Administration (NCA) amends its required to contract and to build an
PART 706—CERTIFICATIONS AND regulations to establish a new program online portal would decrease the
EXEMPTIONS UNDER THE to provide reimbursement for caskets resources available to provide the
INTERNATIONAL REGULATIONS FOR and urns for the interment of the benefit itself. The commenter stated that
PREVENTING COLLISIONS AT SEA, remains of veterans with no known he felt the suggestion would allow for
1972 next-of-kin and where sufficient ‘‘quality control.’’ As we indicated in
financial resources are not available for the preamble to the proposed
wreier-aviles on DSK5TPTVN1PROD with RULES

■ 1. The authority citation for part 706 this purpose. rulemaking, unclaimed veteran remains
continues to read as follows: DATES: Effective date: The final rule is are often in the custody of funeral
Authority: 33 U.S.C. 1605. effective May 13, 2015. Applicability homes or others who are authorized
date: The final rule applies to claims for under state law to dispose of unclaimed
■ 2. Section 706.2 is amended in Table reimbursement for burial receptacles for remains. 79 FR at 37699. Therefore, we
Five by revising the entry for USS individuals who died on or after January believe they are likely familiar with
CORONADO (LCS 4) to read as follows: 10, 2014. procuring burial receptacles. We further

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Document Created: 2015-12-18 11:22:07
Document Modified: 2015-12-18 11:22:07

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective April 13, 2015 and is applicable beginning April 1, 2015.
Contact		Commander Theron R. Korsak, (Admiralty and Maritime Law), Office of the Judge Advocate General, Department of the Navy, 1322 Patterson Ave. SE., Suite 3000, Washington Navy Yard, DC 20374-5066, telephone 202-685-5040.
FR Citation		80 FR 19533
CFR Associated		Marine Safety; Navigation (water) and Vessels

80 FR 19533 - Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972

DEPARTMENT OF DEFENSEDepartment of the Navy

Federal Register Volume 80, Issue 70 (April 13, 2015)

DEPARTMENT OF DEFENSE
Department of the Navy