80_FR_28929 80 FR 28832 - Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972

80 FR 28832 - 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 97 (May 20, 2015)

Page Range28832-28833
FR Document2015-12189

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 PRINCETON (CG 59) 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 97 (Wednesday, May 20, 2015)
[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Rules and Regulations]
[Pages 28832-28833]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12189]


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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.

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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 PRINCETON (CG 59) 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.

DATES: This rule is effective May 20, 2015 and is applicable beginning 
May 11, 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 PRINCETON (CG 59) 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(a), 
pertaining to the horizontal distance between the forward and after 
masthead lights. 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 
PRINCETON (CG 59) to read as follows:


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

* * * * *

[[Page 28833]]



                                                   Table Five
----------------------------------------------------------------------------------------------------------------
                                                                                  After masthead
                                                     Masthead         Forward       light less
                                                    lights not    masthead light    than \1/2\      Percentage
                                                  over all other  not in forward   ship's length    horizontal
            Vessel                   Number         lights and      quarter of    aft of forward    separation
                                                   obstruction.   ship. annex I,     masthead        attained
                                                     annex I,        sec.3(a)      light. annex
                                                     sec.2(f)                       I, sec.3(a)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
USS PRINCETON.................  CG 59...........  ..............  ..............  ..............            36.9
----------------------------------------------------------------------------------------------------------------



    Approved: May 11, 2015.
A.B. Fischer,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
    Dated: May 13, 2015.
N.A. Hagerty-Ford,
Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register 
Liaison Officer.
[FR Doc. 2015-12189 Filed 5-19-15; 8:45 am]
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                                                28832              Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Rules and Regulations

                                                OR                                                       detected by imaging studies (excluding                   This amendment provides notice that
                                                *      *      *       *      *                           lymphoscintigraphy) or by clinical                    the DAJAG (Admiralty and Maritime
                                                OR                                                       evaluation (palpable).                                Law), under authority delegated by the
                                                   D. Mantle cell lymphoma.                                2. If the nodes are not clinically apparent,
                                                                                                                                                               Secretary of the Navy, has certified that
                                                   113.06 Leukemia. (See 113.00K2.)                      with metastases to four or more nodes.
                                                                                                           3. Metastases to adjacent skin (satellite           USS PRINCETON (CG 59) is a vessel of
                                                   A. Acute leukemia (including all types of                                                                   the Navy which, due to its special
                                                lymphoblastic lymphomas and juvenile                     lesions) or distant sites (for example, liver,
                                                chronic myelogenous leukemia (JCML)).                    lung, or brain).                                      construction and purpose, cannot fully
                                                Consider under a disability until at least 24            OR                                                    comply with the following specific
                                                months from the date of diagnosis or relapse,              C. Mucosal melanoma.                                provisions of 72 COLREGS without
                                                or at least 12 months from the date of bone              *      *     *       *       *                        interfering with its special function as a
                                                marrow or stem cell transplantation,                                                                           naval ship: Annex I, paragraph 3(a),
                                                                                                         [FR Doc. 2015–11923 Filed 5–19–15; 8:45 am]
                                                whichever is later. Thereafter, evaluate any                                                                   pertaining to the horizontal distance
                                                residual impairment(s) under the criteria for            BILLING CODE 4191–02–P
                                                                                                                                                               between the forward and after masthead
                                                the affected body system.
                                                OR
                                                                                                                                                               lights. The DAJAG (Admiralty and
                                                   B. * * *                                                                                                    Maritime Law) has also certified that the
                                                                                                         DEPARTMENT OF DEFENSE                                 lights involved are located in closest
                                                   1. Accelerated or blast phase (see
                                                113.00K2b). Consider under a disability until            Department of the Navy                                possible compliance with the applicable
                                                at least 24 months from the date of diagnosis                                                                  72 COLREGS requirements.
                                                or relapse, or at least 12 months from the date
                                                of bone marrow or stem cell transplantation,             32 CFR Part 706                                          Moreover, it has been determined, in
                                                whichever is later. Thereafter, evaluate any                                                                   accordance with 32 CFR parts 296 and
                                                residual impairment(s) under the criteria for            Certifications and Exemptions Under                   701, that publication of this amendment
                                                the affected body system.                                the International Regulations for                     for public comment prior to adoption is
                                                *      *      *       *      *                           Preventing Collisions at Sea, 1972                    impracticable, unnecessary, and
                                                    113.12   Retinoblastoma.                             AGENCY:     Department of the Navy, DoD.              contrary to public interest since it is
                                                *      *      *       *      *                                                                                 based on technical findings that the
                                                                                                         ACTION:    Final rule.                                placement of lights on this vessel in a
                                                  B. Persistent or recurrent following initial
                                                anticancer therapy.                                      SUMMARY:    The Department of the Navy                manner differently from that prescribed
                                                *      *      *       *      *                           (DoN) is amending its certifications and              herein will adversely affect the vessel’s
                                                  113.13 Nervous system. (See 113.00K4.)                 exemptions under the International                    ability to perform its military functions.
                                                Primary central nervous system (CNS; that is,            Regulations for Preventing Collisions at
                                                brain and spinal cord) cancers, as described                                                                   List of Subjects in 32 CFR Part 706
                                                                                                         Sea, 1972, as amended (72 COLREGS),
                                                in A, B, or C:
                                                  A. Glioblastoma multiforme,                            to reflect that the Deputy Assistant                    Marine safety, Navigation (water),
                                                ependymoblastoma, and diffuse intrinsic                  Judge Advocate General (DAJAG)                        Vessels.
                                                brain stem gliomas (see 113.00K4a).                      (Admiralty and Maritime Law) has
                                                  B. Any Grade III or Grade IV CNS cancer                determined that USS PRINCETON (CG                        For the reasons set forth in the
                                                (see 113.00K4b), including astrocytomas,                 59) is a vessel of the Navy which, due                preamble, the DoN amends part 706 of
                                                sarcomas, and medulloblastoma and other                  to its special construction and purpose,              title 32 of the Code of Federal
                                                primitive neuroectodermal tumors (PNETs).                cannot fully comply with certain                      Regulations as follows:
                                                  C. Any primary CNS cancer, as described
                                                in 1 or 2:
                                                                                                         provisions of the 72 COLREGS without
                                                                                                                                                               PART 706—CERTIFICATIONS AND
                                                  1. Metastatic.                                         interfering with its special function as a
                                                                                                                                                               EXEMPTIONS UNDER THE
                                                  2. Progressive or recurrent following initial          naval ship. The intended effect of this
                                                                                                                                                               INTERNATIONAL REGULATIONS FOR
                                                anticancer therapy.                                      rule is to warn mariners in waters where
                                                                                                                                                               PREVENTING COLLISIONS AT SEA,
                                                *      *      *       *      *                           72 COLREGS apply.
                                                                                                                                                               1972
                                                   113.29 Malignant melanoma (including                  DATES: This rule is effective May 20,
                                                skin, ocular, or mucosal melanomas), as                  2015 and is applicable beginning May
                                                described in either A, B, or C:                                                                                ■ 1. The authority citation for part 706
                                                                                                         11, 2015.
                                                   A. Recurrent (except an additional primary                                                                  continues to read as follows:
                                                melanoma at a different site, which is not               FOR FURTHER INFORMATION CONTACT:
                                                                                                         Commander Theron R. Korsak,                               Authority: 33 U.S.C. 1605.
                                                considered to be recurrent disease) following
                                                either 1 or 2:                                           (Admiralty and Maritime Law), Office of               ■ 2. Section 706.2 is amended in Table
                                                   1. Wide excision (skin melanoma).                     the Judge Advocate General, Department                Five by revising the entry for USS
                                                   2. Enucleation of the eye (ocular                     of the Navy, 1322 Patterson Ave. SE.,
                                                melanoma).                                                                                                     PRINCETON (CG 59) to read as follows:
                                                                                                         Suite 3000, Washington Navy Yard, DC
                                                OR                                                       20374–5066, telephone 202–685–5040.
                                                   B. With metastases as described in 1, 2, or                                                                 § 706.2 Certifications of the Secretary of
                                                3:                                                       SUPPLEMENTARY INFORMATION: Pursuant                   the Navy under Executive Order 11964 and
                                                   1. Metastases to one or more clinically               to the authority granted in 33 U.S.C.                 33 U.S.C. 1605.
                                                apparent nodes; that is, nodes that are                  1605, the DoN amends 32 CFR part 706.                 *        *      *     *   *
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                                                                     Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Rules and Regulations                                                                                28833

                                                                                                                                   TABLE FIVE
                                                                                                                                                                                                             After
                                                                                                                                                       Masthead                   Forward               masthead light
                                                                                                                                                    lights not over              masthead                less than 1⁄2             Percentage
                                                                                                                                                    all other lights          light not in for-          ship’s length              horizontal
                                                                           Vessel                                           Number                    and obstruc-              ward quarter            aft of forward             separation
                                                                                                                                                     tion. annex I,           of ship. annex               masthead                  attained
                                                                                                                                                        sec.2(f)                 I, sec.3(a)            light. annex I,
                                                                                                                                                                                                           sec.3(a)


                                                       *                       *                               *                          *                                *                             *                           *
                                                USS PRINCETON ................................................ CG 59 ............................   ........................ ........................   ........................           36.9



                                                  Approved: May 11, 2015.                                     mentioned in this preamble as being                                 so would be impracticable. The Coast
                                                A.B. Fischer,                                                 available in the docket, go to http://                              Guard received notice of this operation
                                                Captain, JAGC, U.S. Navy, Deputy Assistant                    www.regulations.gov, type the docket                                on March 31, 2015, only 46 days before
                                                Judge Advocate, General (Admiralty and                        number USCG–2015–03XX in the                                        the operation is scheduled. Due to this
                                                Maritime Law).                                                ‘‘SEARCH’’ box and click ‘‘SEARCH’’.                                late notice, the Coast Guard did not
                                                  Dated: May 13, 2015.                                        Click on Open Docket Folder on the line                             have time to issue a notice of proposed
                                                N.A. Hagerty-Ford,                                            associated with this rulemaking. You                                rulemaking.
                                                Commander, Judge Advocate General’s Corps,                    may also visit the Docket Management                                   Under 5 U.S.C. 553(d)(3), for the same
                                                U.S. Navy, Federal Register Liaison Officer.                  Facility in Room W12–140 on the                                     reason mentioned above, the Coast
                                                [FR Doc. 2015–12189 Filed 5–19–15; 8:45 am]                   ground floor of the Department of                                   Guard finds that good cause exists for
                                                BILLING CODE 3810–FF–P
                                                                                                              Transportation West Building, 1200                                  making this rule effective less than 30
                                                                                                              New Jersey Avenue SE., Washington,                                  days after publication in the Federal
                                                                                                              DC 20590, between 9 a.m. and 5 p.m.                                 Register. Due to the late notice and
                                                DEPARTMENT OF HOMELAND                                        (EST), Monday through Friday, except                                inherent danger in underwater
                                                SECURITY                                                      Federal holidays. You may also visit the                            detonation exercises, delaying the
                                                                                                              Coast Guard Sector Guam, Naval Base                                 effective period of this safety zone
                                                Coast Guard                                                   Guam, between 7:30 a.m. and 3:30 p.m.                               would be contrary to the public interest.
                                                                                                              (Kilo, Local Time), Monday through
                                                                                                                                                                                  B. Basis and Purpose
                                                33 CFR Part 165                                               Friday, except Federal holidays.
                                                                                                              FOR FURTHER INFORMATION CONTACT: If                                    The legal basis for this rule is the
                                                [Docket Number USCG–2015–0304]                                                                                                    Coast Guard’s authority to establish
                                                                                                              you have questions on this rule, call or
                                                RIN 1625–AA00                                                 email Chief, Kristina Gauthier, Sector                              regulated navigation areas and other
                                                                                                              Guam, U.S. Coast Guard; (671) 355–                                  limited access areas: 33 U.S.C 1231; 33
                                                Safety Zones; Apra Outer Harbor and                           4866, Kristina.m.gauthier@uscg.mil. If                              CFR 1.05–1, 6.04–6, 160.5; and
                                                Adjacent Waters, Guam                                         you have questions on viewing or                                    Department of Homeland Security
                                                                                                              submitting material to the docket, call                             Delegation No. 0170.1. A safety zone is
                                                AGENCY:     Coast Guard, DHS.                                                                                                     a water area, shore area, or water and
                                                                                                              Cheryl Collins, Program Manager,
                                                ACTION:    Temporary final rule.                                                                                                  shore area, for which access is limited
                                                                                                              Docket Operations, telephone (202)
                                                                                                              366–9826.                                                           to authorized person, vehicles, or
                                                SUMMARY:   The Coast Guard is
                                                                                                              SUPPLEMENTARY INFORMATION:
                                                                                                                                                                                  vessels for safety purposes.
                                                establishing a safety zone for
                                                                                                                                                                                     The purpose of this rulemaking is to
                                                underwater detonation operations in the                       Table of Acronyms                                                   protect mariners from the potential
                                                waters of Apra Outer Harbor, Guam.
                                                                                                              DHS Department of Homeland Security                                 hazards associated with a U.S. Navy
                                                This rule is effective from 10 a.m. until
                                                                                                              FR Federal Register                                                 training exercise which include
                                                4 p.m. on May 15, 2015 and May 21,
                                                                                                              NPRM Notice of Proposed Rulemaking                                  detonation of underwater explosives.
                                                2015 (kilo, Local Time). The
                                                                                                              COTP Captain of the Port                                            Approaching too close to such exercises
                                                enforcement period for this rule is from
                                                                                                                                                                                  could potentially expose the mariner to
                                                10 a.m. to 4 p.m. on May 15, 2015 and                         A. Regulatory Information
                                                                                                                                                                                  flying debris or other hazardous
                                                May 21, 2015. The Coast Guard believes                           The Coast Guard is issuing this                                  conditions.
                                                this safety zone regulation is necessary                      temporary final rule without prior
                                                to protect all persons and vessels that                       notice and opportunity to comment                                   C. Discussion of Rule
                                                would otherwise transit or be within the                      pursuant to authority under section                                    In order to protect the public from the
                                                affected area from possible safety                            4(a)of the Administrative Procedure Act                             hazards of the U.S. Navy training
                                                hazards associated with underwater                            (APA) (5 U.S.C. 553(b)). This provision                             exercise, the Coast Guard is establishing
                                                detonation operations.                                        authorizes an agency to issue a rule                                a temporary safety zone, effective from
                                                DATES: This rule is effective without                         without prior notice and opportunity to                             10 a.m. May 15, 2015 through 4 p.m.
                                                actual notice from May 20, 2015 through                       comment when the agency for good                                    May 21, 2015 (Kilo, Local Time). The
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                                                4 p.m. May 21, 2015 (kilo, Local Time).                       cause finds that those procedures are                               enforcement periods for this rule will be
                                                For the purposes of enforcement, actual                       ‘‘impracticable, unnecessary, or contrary                           from 10 a.m. to 4 p.m. on May 15, 2015
                                                notice will be used from 10 a.m. on May                       to the public interest.’’ Under 5 U.S.C.                            and May 21, 2015.
                                                15, 2015 until May 20, 2015.                                  553(b)(B), the Coast Guard finds that                                  The safety zone is located within the
                                                ADDRESSES: Documents indicated in this                        good cause exists for not publishing a                              Guam COTP Zone (See 33 CFR 3.70–15),
                                                preamble are part of docket USCG–                             notice of proposed rulemaking (NPRM)                                and will cover all waters bounded by a
                                                2015–0304. To view documents                                  with respect to this rule because doing                             circle with a 700-yard radius for vessels


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Document Created: 2018-02-21 10:29:22
Document Modified: 2018-02-21 10:29:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective May 20, 2015 and is applicable beginning May 11, 2015.
ContactCommander 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 Citation80 FR 28832 
CFR AssociatedMarine Safety; Navigation (water) and Vessels

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