81 FR 11116 - Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972
DEPARTMENT OF DEFENSE
Department of the Navy Federal Register Volume 81, Issue 42 (March 3, 2016)
Department of the Navy
Federal Register Volume 81, Issue 42 (March 3, 2016)
| Page Range | 11116-11118 | |
| FR Document | 2016-04547 |
[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)] [Rules and Regulations] [Pages 11116-11118] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04547] ======================================================================= ----------------------------------------------------------------------- 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 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS JOHN P MURTHA (LPD 26) 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. [[Page 11117]] DATES: This rule is effective March 3, 2016 and is applicable beginning January 13, 2016. 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 JOHN P MURTHA (LPD 26) 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 2 (i)(i), Rule 27 (a)(i) and (b)(i), pertaining to the placement of all-round task lights in a vertical line; Annex I, paragraph 3(a), pertaining to the horizontal distance between the forward and after masthead lights; and Annex I, paragraph 2(k) as described in Rule 30 (a)(i), pertaining to the vertical separation between anchor 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), and 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: Authority: 33 U.S.C. 1605. 0 2. Section 706.2 is amended by: 0 a. In Table Three, adding, in alpha numerical order, by vessel number, an entry for USS JOHN P MURTHA (LPD 26); 0 b. In Table Four, paragraph 20., adding, in alpha numerical order, by vessel number, an entry for USS JOHN P MURTHA (LPD 26); and 0 c. In Table Five, by adding, in alpha numerical order, by vessel number, an entry for USS JOHN P MURTHA (LPD 26). Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * * Table Three -------------------------------------------------------------------------------------------------------------------------------------------------------- Forward Masthead Side lights Stern light, anchor Anchor lights lights arc Side lights Stern light distance distance light, relationship of Vessel Number of arc of arc of inboard of forward of height above aft light to visibility; visibility; visibility; ship's sides stern in hull in forward light in rule 21(a) rule 21(b) rule 21(c) in meters meters; rule meters; 2(k) meters 2(k) 3(b) Annex 1 21(c) Annex 1 Annex 1 -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * USS JOHN P MURTHA.............. LPD 26........... ............ ............ ............ ............ ............ ............ 1.72 below. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * 20. * * * Table Four ---------------------------------------------------------------------------------------------------------------- Angle in degrees of task lights off Vessel Number vertical as viewed from directly ahead or astern ---------------------------------------------------------------------------------------------------------------- USS JOHN P MURTHA LPD 26 10 * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [[Page 11118]] Table Five -------------------------------------------------------------------------------------------------------------------------------------------------------- After masthead Masthead lights Forward masthead light less than 1/ Percentage not over all other light not in 2 ship's length horizontal Vessel Number lights and forward quarter of aft of forward separation obstructions. ship. Annex I, masthead light. attained Annex I, sec. 2(f) sec. 3(a) Annex I, sec. 3(a) -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * USS JOHN P MURTHA...................... LPD 26......................... .................. .................. X 71 * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- Approved: January 13, 2016. A.B. Fischer, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law). Dated: February 17, 2016. N.A. Hagerty-Ford, Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer [FR Doc. 2016-04547 Filed 3-2-16; 8:45 am] BILLING CODE 3810-FF-P
![11116 Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Rules and Regulations
locally as County Road M64 (Needham into Mills County, Iowa, to U.S. Atchison County, Missouri, and onto
Avenue/Center Street) at Wall Lake, Highway 59; then the Nebraska City, Nebraska-Iowa-
Iowa; then (35) Proceed south on U.S. Highway Missouri map, and continuing into
(21) Proceed south on County Road 59 approximately 20.2 miles, crossing Freemont County and Mills County,
M64 approximately 6.2 miles to a road onto the Nebraska City, Nebraska-Iowa- Iowa, then crossing onto the Omaha,
known locally as County Road E16 Missouri map and into Page County, Nebraska-Iowa map and into
(120th Street); then Iowa, to a road known locally as County Pottawattamie County, Iowa; then
(22) Proceed east into Carroll County, Road J14 (130th Street); then crossing onto the Harlan, Iowa-Nebraska
Iowa, on County Road E16 (36) Proceed east on County Road J14 map and into Harrison County, Iowa;
approximately 6 miles, crossing onto the approximately 4 miles to a road known then continuing onto the Blair,
Carroll, Iowa map, to Breda, Iowa, and locally as County Road M41 (D Avenue); Nebraska-Iowa map and into Monona
then continue east on State Highway then County, Iowa; then crossing onto the
217 (East Main Street) approximately 5 (37) Proceed south on County Road Sioux City South, Iowa-Nebraska-South
miles to U.S. Highway 71; then M41 approximately 1.7 miles to State Dakota Map and into Woodbury County
(23) Proceed south on U.S. Highway Highway 48 at Essex, Iowa; then for a total of approximately 185 miles,
71 approximately 3 miles to a road (38) Proceed northeast then east on to the intersection of Interstate Highway
known locally as County Road E26 State Highway 48 approximately 1.2 29 with the Big Sioux River at Sioux
(140th Street); then miles to a road known locally as County City, Iowa; then
(24) Proceed east on County Road E26 Road M41 (E Avenue); then (50) Proceed generally north
approximately 5 miles to a road known (39) Proceed south on County Road (upstream) along the meandering Big
locally as County Road N38 (Quail M41 approximately 7 miles to State Sioux River, crossing onto the Sioux
Avenue); then Highway 2 (210th Street); then City North, Iowa-South Dakota-Nebraska
(40) Proceed east on State Highway 2 map and into Plymouth County and
(25) Proceed south on County Road
approximately 8 miles to a road known Sioux County, Iowa, and continuing
N38 approximately 5 miles to U.S.
locally as M Avenue; then onto the Rock Rapids, Iowa-South
Highway 30 (Lincoln Highway); then
(41) Proceed south on M Avenue, then Dakota map for a total of approximately
(26) Proceed east on U.S. Highway 30
east on a road known locally as County 50 miles, returning to the beginning
approximately 3 miles to a road known
Road M60 (Maple Avenue), point.
locally as County Road N44 (Colorado
approximately 6.4 total miles, to a road Signed: January 29, 2016.
Street) in Glidden, Iowa; then
known locally as County Road J52 John J. Manfreda,
(27) Proceed south on County Road
(270th Street); then
N44 approximately 8 miles, crossing (42) Proceed south in a straight line Administrator.
onto the Guthrie Center, Iowa map, to a approximately 3.5 miles to the Approved: February 11, 2016.
road known locally as County Road E57 intersection of 304th Street and Maple Timothy E. Skud,
(280th Street); then Avenue (approximately 1.2 miles Deputy Assistant Secretary, (Tax, Trade, and
(28) Proceed east on County Road E57 southwest of College Springs, Iowa), and Tariff Policy).
approximately 2 miles to a road known then continue south on Maple Avenue [FR Doc. 2016–04760 Filed 3–2–16; 8:45 am]
locally as County Road N44 (Velvet for 0.5 mile to a road known locally as BILLING CODE 4810–31–P
Avenue); then County Road J64 (310th Street); then
(29) Proceed south on County Road (43) Proceed west on County Road J64
N44 approximately 5.4 miles to State approximately 4.5 miles to a road DEPARTMENT OF DEFENSE
Highway 141 (330th Street) at Coon known locally as County Road M48
Rapids, Iowa; then (Hackberry Avenue); then Department of the Navy
(30) Proceed west on State Highway (44) Proceed south on County Road
141 approximately 12 miles to U.S. M48 approximately 1.2 miles to the 32 CFR Part 706
Highway 71 at Lynx Avenue southeast Iowa-Missouri State line at Blanchard,
of Templeton, Iowa; then Iowa, and, crossing into Atchison Certifications and Exemptions Under
(31) Proceed south on U.S. Highway County, Missouri, where County Road the International Regulations for
71 approximately 35.9 miles, crossing M48 becomes State Road M, and Preventing Collisions at Sea, 1972
into Audubon County, Iowa, and then continue generally south on State Road AGENCY: Department of the Navy, DoD.
Cass County, Iowa, and onto the M approximately 11.2 miles, crossing ACTION: Final rule.
Creston, Iowa map, to U.S. Highway 6/ onto the Falls City, Nebraska-Missouri
State Highway 83 east of Atlantic, Iowa; map, to U.S. Highway 136; then SUMMARY: The Department of the Navy
then (45) Proceed west on U.S. Highway (DoN) is amending its certifications and
(32) Proceed west, then southwest, 136 approximately 1 mile to State Road exemptions under the International
then west on U.S. Highway 6 N; then Regulations for Preventing Collisions at
approximately 18.9 miles, crossing onto (46) Proceed south on State Road N 15 Sea, 1972 (72 COLREGS), to reflect that
the Omaha, Nebraska-Iowa map and miles, crossing into Holt County, the Deputy Assistant Judge Advocate
into Pottawattamie County, Iowa, to a Missouri, to State Road C; then General (DAJAG) (Admiralty and
road known locally as County Road M47 (47) Proceed west then south on State Maritime Law) has determined that USS
(500th Street) approximately 1 mile Road C approximately 3 miles to U.S. JOHN P MURTHA (LPD 26) is a vessel
west of Walnut Creek; then Highway 59; then of the Navy which, due to its special
mstockstill on DSK4VPTVN1PROD with RULES
(33) Proceed south on County Road (48) Proceed northwest on U.S. construction and purpose, cannot fully
M47 approximately 12 miles, crossing Highway 59 approximately 2 miles to comply with certain provisions of the 72
into Montgomery County, Iowa to a road the highway’s first intersection with COLREGS without interfering with its
known locally as County Road H12 Interstate Highway 29 near Craig, special function as a naval ship. The
(110th Street); then Missouri; then intended effect of this rule is to warn
(34) Proceed west on County Road (49) Proceed generally north along mariners in waters where 72 COLREGS
H12 approximately 8.9 miles, crossing Interstate Highway 29, crossing into apply.
VerDate Sep<11>2014 17:47 Mar 02, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1](https://thefederalregister.org/doc/81_FR_11158/page/1.svg)
![11118 Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Rules and Regulations
TABLE FIVE
After
Masthead Forward masthead light
lights not over all Percentage
masthead light not less than 1/2
other lights and horizontal
Vessel Number in forward quarter ship’s length aft of
obstructions. separation
of ship. Annex I, forward
Annex I, attained
sec. 3(a) masthead light.
sec. 2(f) Annex I, sec. 3(a)
* * * * * * *
USS JOHN P MURTHA ............................ LPD 26 ............. .............................. .............................. X 71
* * * * * * *
Approved: January 13, 2016. Folder on the line associated with this with this rule. Under 5 U.S.C. 553(d)(3),
A.B. Fischer, rulemaking. the Coast Guard finds that good cause
Commander, JAGC, U.S. Navy, Deputy FOR FURTHER INFORMATION CONTACT: If exists for making this rule effective in
Assistant Judge Advocate General (Admiralty you have questions on this rule, call or less than 30 days after publication in the
and Maritime Law). email Mr. Lee Soule, Bridge Federal Register. The regulation change
Dated: February 17, 2016. Management Specialist, Ninth Coast has already taken place and the
N.A. Hagerty-Ford, Guard District; telephone (216) 902– correction of the regulation will not
Commander, Judge Advocate General’s Corps, 6085, email lee.d.soule@uscg.mil. affect mariners currently operating on
U.S. Navy, Federal Register Liaison Officer SUPPLEMENTARY INFORMATION: this waterway. Therefore, a delayed
[FR Doc. 2016–04547 Filed 3–2–16; 8:45 am] effective date is unnecessary.
I. Table of Abbreviations
BILLING CODE 3810–FF–P The NPRM for the regulations,
CFR Code of Federal Regulations
DHS Department of Homeland Security
published on December 8, 2011 (76 FR
E.O. Executive Order 76637), proposed to revise § 117.647. At
DEPARTMENT OF HOMELAND FR Federal Register the end of the rule, the following
SECURITY NPRM Notice of proposed rulemaking characters were included in the NPRM:
SNPRM Supplemental notice of proposed ‘‘* * * * *.’’ These characters
Coast Guard rulemaking indicated the Coast Guard’s intention to
Pub. L. Public Law
retain paragraphs (c) and (d) which were
33 CFR Part 117 § Section
U.S.C. United States Code included in the regulations at the time
of the NPRM regarding the CSX Railroad
[Docket No. USCG–2015–0934] II. Background Information and Bridge located at mile 18.0 over the
RIN 1625–AA09 Regulatory History Saginaw River and the Grand Trunk
The Coast Guard is issuing this final Western Railroad Bridge located at mile
Drawbridge Operation Regulation; rule without prior notice and 19.2 of the Saginaw River. However, the
Saginaw River, Bay City, MI opportunity to comment pursuant to final rule, which was published on
authority under section 4(a) of the April 24, 2012 (77 FR 21864), did not
AGENCY: Coast Guard, DHS.
Administrative Procedure Act (APA) (5 preserve these paragraphs. The purpose
ACTION: Final rule. U.S.C. 553(b)). This provision of this amendment is to ensure that the
SUMMARY: The Coast Guard is amending authorizes an agency to issue a rule regulation accurately reflects the
its regulations regarding drawbridge without prior notice and opportunity to original intention and inclusion of these
operations in Saginaw River, Bay City, comment when the agency for good inadvertently omitted paragraphs.
MI. In a final rule entitled, ‘‘Drawbridge cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary III. Discussion of Final Rule
Operation Regulation; Saginaw River,
Bay City, MI’’ that appeared in the to the public interest.’’ Under 5 U.S.C. The purpose of this rule is to correct
Federal Register on April 12, 2012, the 553(b), the Coast Guard finds that good 33 CFR 117.647 in the Code of Federal
Coast Guard revised the drawbridge cause exists for not publishing a notice Regulations.
opening schedules for the Saginaw of proposed rulemaking (NPRM) with
respect to this rule because the As noted above, this rule restores
River and inadvertently excluded the language that was previously excluded.
CSX Railroad Bridge and the Grand publishing of the original final rule
[Docket No. USCG–2011–1013] omitted This rule is correcting the regulation in
Trunk Western Railroad Bridge. This 33 CFR 117.647 by restoring the listing
document amends the regulations by regulatory language that was published
in the previous rulemaking NPRM, but of drawbridges allowed to remain
adding these two bridges back into the
was inadvertently left out of the final closed. The CSX Railroad Bridge located
regulations.
rule published on April 12, 2012. at mile 18.0 of the Saginaw River and
DATES: This rule is effective March 3, the Grand Trunk Western Railroad
Therefore, it is unnecessary to issue a
mstockstill on DSK4VPTVN1PROD with RULES
2016. rule without prior notice and Bridge located on mile 19.2 of the
ADDRESSES: To view documents opportunity to comment because the Saginaw River will retain their current
mentioned in this preamble as being public was already provided an operating schedule. This rule will not
available in the docket, go to http:// opportunity to comment on these affect waterway traffic or land
www.regulations.gov, type [USCG– provisions, had no objections during the transportation needs because the status
2015–0934] in the ‘‘SEARCH’’ box and previous comment period, and the of the two drawbridges has been in
click ‘‘SEARCH.’’ Click on Open Docket operation of the bridges is consistent effect since 1994.
VerDate Sep<11>2014 17:47 Mar 02, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1](https://thefederalregister.org/doc/81_FR_11158/page/3.svg)
Document Created: 2016-03-03 03:51:21
Document Modified: 2016-03-03 03:51:21
| 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 March 3, 2016 and is applicable beginning January 13, 2016. | |
| 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 | 81 FR 11116 | |
| CFR Associated | Marine Safety; Navigation (water) and Vessels |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR