81 FR 36463 - 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 109 (June 7, 2016)
Department of the Navy
Federal Register Volume 81, Issue 109 (June 7, 2016)
| Page Range | 36463-36465 | |
| FR Document | 2016-13260 |
[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)] [Rules and Regulations] [Pages 36463-36465] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13260] ======================================================================= ----------------------------------------------------------------------- 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 GERALD R. FORD (CVN 78) 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 June 7, 2016 and is applicable beginning May 9, 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. [[Page 36464]] This amendment provides notice that the DAJAG (Admiralty and Maritime Law), under authority delegated by the Secretary of the Navy, has certified that USS GERALD R. FORD (CVN 78) 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(g), pertaining to the placement of the sidelights above the hull; Annex I, paragraph 3(a), pertaining to the placement of the forward masthead light in the forward quarter of the ship; Rule 21(a), pertaining to the placement of the masthead lights over the fore and aft centerline of the ship; and, Rule 21 (b), pertaining to the placement of the side lights arc of visibility. 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 by: 0 a. In Table Two, adding, in alpha numerical order, by vessel number, an entry for USS GERALD R. FORD (CVN 78); 0 b. In Table Three, adding, in alpha numerical order, by vessel number, an entry for USS GERALD R. FORD (CVN 78); and 0 c. In Table Five, adding, in alpha numerical order, by vessel number, an entry for USS GERALD R. FORD (CVN 78). Sec. 706.2 Certifications of the Secretary of the Navy Under Executive Order 11964 and 33 U.S.C. 1605. * * * * * Table Two -------------------------------------------------------------------------------------------------------------------------------------------------------- Side Forward AFT anchor Side lights, Side Masthead anchor Forward light, lights, distance lights, lights, light, anchor distance AFT anchor distance forward of distance distance to distance light, below light, below forward inboard of Vessel No. stbd of below number of; flight dk number of; flight dk masthead ship's keel in flight dk rule in meters; rule in meters; light in sides in meters; in meters; 30(a)(i) rule 21(e), 30(a)(ii) Sec. meters; meters; rule 21(a) Sec. rule 2(g), annex Sec. Sec. 2(K), annex 30(a)(ii) I 3(b), annex 3(b), annex --------------------------------------------------------------------I----------------------------------------------------------------I------------I----- * * * * * * * USS GERALD R. FORD................... CVN 78 31.57 ........... ........... ........... ........... 0.13 ........... ........... * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * Table Three -------------------------------------------------------------------------------------------------------------------------------------------------------- Anchor Side lights Forward lights distance Stern anchor relation- Masthead Side lights Stern light inboard of light, light, ship of aft lights arc arc of arc of ship's distance height light to Vessel No. of visibility; visibility; sides in forward of above hull forward visibility; rule 21(b) rule 21(c) meters; stern in in meters; light in rule 21(a) 3(b) annex meters; 2(K) annex meters; 1 rule 21(c) 1 2(K) annex 1 -------------------------------------------------------------------------------------------------------------------------------------------------------- USS GERALD R. FORD................................ CVN 78 ........... 115.6 ........... ........... ........... ........... ........... * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [[Page 36465]] 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 No. lights and quarter of aft of forward separation obstructions; ship; annex I, masthead attained annex I, sec. sec. 3(a) light; annex 2(f) I, sec.3(a) ---------------------------------------------------------------------------------------------------------------- * * * * * * * USS GERALD R. FORD.............. CVN 78 .............. X .............. .............. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Approved: May 9, 2016. A.B. Fischer, Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law). Dated: May 31, 2016. N.A. Hagerty-Ford, Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2016-13260 Filed 6-6-16; 8:45 am] BILLING CODE 3810-FF-P
![Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Rules and Regulations 36463
Pathogens and Toxins for Export Control,’’ as a.46. Seoul virus; edition, Geneva, 2004) or constructed in
follows: a.47. Severe acute respiratory syndrome- accordance with national standards,
a.1. African horse sickness virus; related coronavirus (SARS-related regulations or guidance.
a.2. African swine fever virus; coronavirus); Note 2 to 2B352.g.2: 2B352.g.2 does not
a.3. Andes virus; a.48. Sheeppox virus; control isolators ‘‘specially designed’’ for
a.4. Avian influenza (AI) viruses identified a.49. Sin Nombre virus; barrier nursing or transportation of infected
as having high pathogenicity (HP), as follows: a.50. St. Louis encephalitis virus; patients.
a.4.a. AI viruses that have an intravenous a.51. Suid herpesvirus 1 (Pseudorabies h. Aerosol inhalation equipment designed
pathogenicity index (IVPI) in 6-week-old virus; Aujeszky’s disease); for aerosol challenge testing with
chickens greater than 1.2; or a.52. Swine vesicular disease virus; microorganisms, viruses or toxins, as follows:
a.4.b. AI viruses that cause at least 75% a.53. Tick-borne encephalitis virus (Far h.1. Whole-body exposure chambers
mortality in 4- to 8-week-old chickens Eastern subtype, formerly known as Russian having a capacity of 1 cubic meter or greater.
infected intravenously. Spring-Summer encephalitis virus—see h.2. Nose-only exposure apparatus
Note: Avian influenza (AI) viruses of the 1C351.b.3 for Siberian subtype); utilizing directed aerosol flow and having a
H5 or H7 subtype that do not have either of a.54. Variola virus; capacity for the exposure of 12 or more
the characteristics described in 1C352.a.4 a.55. Venezuelan equine encephalitis virus; rodents, or two or more animals other than
(specifically, 1C352.a.4.a or a.4.b) should be a.56. Vesicular stomatitis virus; rodents, and closed animal restraint tubes
sequenced to determine whether multiple a.57. Western equine encephalitis virus; or designed for use with such apparatus.
basic amino acids are present at the cleavage a.58. Yellow fever virus. * * * * *
site of the haemagglutinin molecule (HA0). If b. Viruses identified on the APHIS/CDC
the amino acid motif is similar to that ‘‘select agents’’ lists (see Related Controls Dated: May 31, 2016.
observed for other HPAI isolates, then the paragraph #2 for this ECCN), but not Kevin J. Wolf,
isolate being tested should be considered as identified on the Australia Group (AG) ‘‘List Assistant Secretary for Export
HPAI and the virus is controlled under of Human and Animal Pathogens and Toxins Administration.
1C352.a.4. for Export Control,’’ as follows: [FR Doc. 2016–13271 Filed 6–6–16; 8:45 am]
a.5. Bluetongue virus; b.1. [Reserved];
BILLING CODE 3510–33–P
a.6. Chapare virus; b.2. [Reserved]; or
a.7. Chikungunya virus; b.3. Tick-borne encephalitis virus (Siberian
a.8. Choclo virus; subtype, formerly West Siberian virus—see
a.9. Classical swine fever virus (Hog 1C351.a.53 for Far Eastern subtype). DEPARTMENT OF DEFENSE
cholera virus); * * * * *
a.10. Crimean-Congo hemorrhagic fever
■ 8. In Supplement No. 1 to Part 774
Department of the Navy
virus;
a.11. Dengue virus; (the Commerce Control List), Category
2—Materials Processing, ECCN 2B352 is 32 CFR Part 706
a.12. Dobrava-Belgrade virus;
a.13. Eastern equine encephalitis virus; amended in the ‘‘Items’’ paragraph, Certifications and Exemptions Under
a.14. Ebolavirus (includes all members of under the List of Items Controlled the International Regulations for
the Ebolavirus genus); section, by revising paragraph e., by Preventing Collisions at Sea, 1972
a.15. Foot-and-mouth disease virus; revising paragraph g.2., by adding Notes
a.16. Goatpox virus; 1 and 2 to paragraph g.2., and by AGENCY: Department of the Navy, DoD.
a.17. Guanarito virus; revising paragraph h., to read as follows: ACTION: Final rule.
a.18. Hantaan virus;
a.19. Hendra virus (Equine morbillivirus); 2B352 Equipment Capable of Use in SUMMARY: The Department of the Navy
a.20. Japanese encephalitis virus; Handling Biological Materials, as Follows (DoN) is amending its certifications and
a.21. Junin virus; (See List of Items Controlled). exemptions under the International
a.22. Kyasanur Forest disease virus;
* * * * * Regulations for Preventing Collisions at
a.23. Laguna Negra virus;
a.24. Lassa virus; Sea, 1972, as amended (72 COLREGS),
List of Items Controlled
a.25. Louping ill virus; to reflect that the Deputy Assistant
a.26. Lujo virus;
* * * * * Judge Advocate General (DAJAG)
Items: (Admiralty and Maritime Law) has
a.27. Lumpy skin disease virus;
a.28. Lymphocytic choriomeningitis virus; * * * * * determined that USS GERALD R. FORD
a.29. Machupo virus; e. Steam, gas or vapor sterilizable freeze- (CVN 78) is a vessel of the Navy which,
a.30. Marburgvirus (includes all members drying equipment with a condenser capacity due to its special construction and
of the Marburgvirus genus); of 10 kg of ice or greater in 24 hours (10 liters
of water or greater in 24 hours) and less than purpose, cannot fully comply with
a.31. Monkeypox virus;
1000 kg of ice in 24 hours (less than 1,000 certain provisions of the 72 COLREGS
a.32. Murray Valley encephalitis virus;
a.33. Newcastle disease virus; liters of water in 24 hours). without interfering with its special
a.34. Nipah virus; * * * * * function as a naval ship. The intended
a.35. Omsk hemorrhagic fever virus; g. * * * effect of this rule is to warn mariners in
a.36. Oropouche virus; g.2. Biocontainment chambers, isolators, or waters where 72 COLREGS apply.
a.37. Peste-des-petits ruminants virus; biological safety cabinets having all of the DATES: This rule is effective June 7, 2016
a.38. Porcine Teschovirus; following characteristics, for normal and is applicable beginning May 9,
a.39. Powassan virus; operation: 2016.
a.40. Rabies virus and all other members of g.2.a. Fully enclosed workspace where the
the Lyssavirus genus; operator is separated from the work by a FOR FURTHER INFORMATION CONTACT:
a.41. Reconstructed 1918 influenza virus; physical barrier; Commander Theron R. Korsak,
Technical Note: 1C351.a.41 includes g.2.b. Able to operate at negative pressure; (Admiralty and Maritime Law), Office of
jstallworth on DSK7TPTVN1PROD with RULES
reconstructed replication competent forms of g.2.c. Means to safely manipulate items in the Judge Advocate General, Department
the 1918 pandemic influenza virus the workspace; and of the Navy, 1322 Patterson Ave. SE.,
containing any portion of the coding regions g.2.d. Supply and exhaust air to and from Suite 3000, Washington Navy Yard, DC
of all eight gene segments. the workspace is high-efficiency particulate
a.42. Rift Valley fever virus; air (HEPA) filtered.
20374–5066, telephone 202–685–5040.
a.43. Rinderpest virus; Note 1 to 2B352.g.2: 2B352.g.2 controls SUPPLEMENTARY INFORMATION: Pursuant
a.44. Rocio virus; class III biosafety cabinets, as specified in the to the authority granted in 33 U.S.C.
a.45. Sabia virus; WHO Laboratory Biosafety Manual (3rd 1605, the DoN amends 32 CFR part 706.
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TABLE FIVE
After mast-
Masthead Forward head light less
lights not over masthead light than 1⁄2 ship’s Percentage
all other lights not in forward length aft of horizontal
Vessel No. and quarter of forward mast- separation
obstructions; ship; head light; attained
annex I, sec. annex I, sec. annex I,
2(f) 3(a) sec.3(a)
* * * * * * *
USS GERALD R. FORD ...................................................... CVN 78 ........................ X ........................ ........................
* * * * * * *
Approved: May 9, 2016. rule was signed, 18 May, 2016, until The Coast Guard is issuing this
A.B. Fischer, June 7, 2016. temporary final rule without prior
Captain, JAGC, U.S. Navy, Deputy Assistant ADDRESSES: To view documents notice and opportunity to comment
Judge Advocate General (Admiralty and mentioned in this preamble as being pursuant to authority under section 4(a)
Maritime Law). available in the docket, go to http:// of the Administrative Procedure Act
Dated: May 31, 2016. www.regulations.gov, type USCG–2016– (APA) (5 U.S.C. 553(b)). This provision
N.A. Hagerty-Ford, 0324 in the ‘‘SEARCH’’ box and click authorizes an agency to issue a rule
Commander, Judge Advocate General’s Corps, ‘‘SEARCH.’’ Click on Open Docket without prior notice and opportunity to
U.S. Navy, Federal Register Liaison Officer. Folder on the line associated with this comment when the agency for good
[FR Doc. 2016–13260 Filed 6–6–16; 8:45 am] rule. cause finds that those procedures are
BILLING CODE 3810–FF–P FOR FURTHER INFORMATION CONTACT: If ‘‘impracticable, unnecessary, or contrary
you have questions on this rule, contact to the public interest.’’ Under 5 U.S.C.
Petty Officer Jay TerVeen, Prevention 553(b)(B), the Coast Guard finds that
DEPARTMENT OF HOMELAND Department, Coast Guard Sector Long good cause exists for not publishing an
SECURITY Island Sound, telephone (203) 468– NPRM with respect to this rule because
4446, email Jay.C.TerVeen@uscg.mil. doing so would be impracticable and
Coast Guard SUPPLEMENTARY INFORMATION: contrary to the public interest. There is
insufficient time to publish an NPRM,
33 CFR Part 100 I. Table of Abbreviations take public comments, and issue a final
COTP Captain of the Port rule before these events take place.
[Docket Number USCG–2016–0324] Thus, waiting for a comment period to
DHS Department of Homeland Security
RIN 1625–AA08 FR Federal Register run would inhibit the Coast Guard’s
NPRM Notice of Proposed Rulemaking mission to keep the ports and
Special Local Regulations; Marine NAD 83 North American Datum 1983 waterways safe.
Events Held in the Sector Long Island II. Background Information and Under 5 U.S.C. 553(d)(3), and for the
Sound Captain of the Port Zone Regulatory History same reasons stated in the preceding
AGENCY: Coast Guard, DHS. This rulemaking establishes two paragraph, the Coast Guard finds that
ACTION: Temporary final rule. special local regulations for one regatta good cause exists for making this rule
and one air show. Each event and its effective less than 30 days after
SUMMARY: The Coast Guard is corresponding regulatory history are publication in the Federal Register.
establishing two special local discussed below.
regulations for two separate marine III. Legal Authority and Need for Rule
Jones Beach (Air Show): A special
events within the Coast Guard Sector local regulation was established in 2015 The legal basis for this temporary rule
Long Island Sound (LIS) Captain of the for the Jones Beach Air Show event is 33 U.S.C. 1233.
Port (COTP) Zone. This temporary final when the Coast Guard issued a final rule
rule is necessary to provide for the The COTP Sector LIS has determined
entitled, ‘‘Special Local Regulations and
safety of life on navigable waters during that the special local regulations
Safety Zones; Marine Events held in the
these events. Entry into, transit through, Sector Long Island Sound Captain of the established by this temporary final rule
mooring or anchoring within these Port Zone’’. This rulemaking was are necessary to provide for the safety of
regulated areas is prohibited unless published on May 18, 2015 in the life on navigable waterways during
authorized by COTP Sector Long Island Federal Register (80 FR 28176). these events.
Sound. The Harvard-Yale Regatta is a IV. Discussion of the Rule
DATES: This rule is effective without reoccurring marine event with
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actual notice from 12:01 a.m. on June 7, regulatory history and is cited in 33 CFR This rule establishes two special local
2016 until 5 p.m. on June 12, 2016. For 100.100(1.1). This event has been regulations for one regatta and one air
the purposes of enforcement, actual included in this rule due to deviation show. The locations of these regulated
notice will be used from the date the from the cite date. areas are as follows:
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Document Created: 2018-02-08 07:31:31
Document Modified: 2018-02-08 07:31:31
| 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 June 7, 2016 and is applicable beginning May 9, 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 36463 | |
| CFR Associated | Marine Safety; Navigation (water) and Vessels |
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