81 FR 3718 - 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 14 (January 22, 2016)
Department of the Navy
Federal Register Volume 81, Issue 14 (January 22, 2016)
| Page Range | 3718-3720 | |
| FR Document | 2016-01229 |
[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)] [Rules and Regulations] [Pages 3718-3720] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01229] ======================================================================= ----------------------------------------------------------------------- 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 MONTGOMERY (LCS 8) 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 January 22, 2016 and is applicable beginning December 15, 2015. FOR FURTHER INFORMATION CONTACT: Commander Theron R. Korsak, JAGC, U.S. Navy, Admiralty Attorney, (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 number: 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 MONTGOMERY (LCS 8) 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(a)(i), pertaining to the location of the forward masthead light at a height not less than 12 meters above the hull; Annex I, paragraph 2(f)(i), pertaining to the placement of the masthead light or lights above and clear of all other lights and obstructions; Annex I, paragraph 3(a), pertaining to the location of the forward masthead light in the forward quarter of the ship, and the horizontal distance between the forward and after masthead light; 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), 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 as follows: Authority: 33 U.S.C. 1605. 0 2. Section 706.2 is amended by: 0 a. In Table One, adding, in alpha numerical order, by vessel number, an entry for USS MONTGOMERY (LCS 8); 0 b. In Table Four, under paragraph 15, adding, in alpha numerical order, by vessel number, an entry for USS MONTGOMERY (LCS 8); 0 c. In Table Four, under paragraph 16, adding, in alpha numerical order, by vessel number, an entry for USS MONTGOMERY (LCS 8); and 0 d. In Table Five, adding, in alpha numerical order, by vessel number, an entry for USS MONTGOMERY (LCS 8). [[Page 3719]] Sec. 706.2 Certifications of the Secretary of the Navy Under Executive Order 11964 and 33 U.S.C. 1605. * * * * * Table One ------------------------------------------------------------------------ Distance in meters of forward masthead Vessel Number light below minimum required height Sec. 2(a)(i) Annex I ------------------------------------------------------------------------ * * * * * * * USS MONTGOMERY.................. LCS 8 4.91 * * * * * * * ------------------------------------------------------------------------ * * * * * 15. * * * Table Four ------------------------------------------------------------------------ Horizontal distances from the fore and aft Vessel Number centerline of the vessel in the athwartship direction ------------------------------------------------------------------------ * * * * * * * USS MONTGOMERY.................. LCS 8 1.31 meters. ------------------------------------------------------------------------ 16. * * * ------------------------------------------------------------------------ Obstruction angle Vessel Number relative ship's headings ------------------------------------------------------------------------ * * * * * * * USS MONTGOMERY............... LCS 71[deg] thru 73[deg]. 76[deg] thru 78[deg]. 287[deg] thru 289[deg]. * * * * * * * ------------------------------------------------------------------------ * * * * * 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 MONTGOMERY......................................... LCS 8 X X 17.9 * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 3720]] APPROVED: December 15, 2015. A.B. Fischer, Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law). Dated: January 14, 2016. N.A. Hagerty-Ford, Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2016-01229 Filed 1-21-16; 8:45 am] BILLING CODE 3810-FF-P
![3718 Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Rules and Regulations
distribution step, of the hazards in the Division of Compliance in the Center for interfering with its special function as a
animal food you distribute. Veterinary Medicine), at the mailing naval ship: Annex I paragraph 2(a)(i),
* * * * * address, email address, or facsimile pertaining to the location of the forward
■ 9. In § 507.47, revise paragraphs
number identified in the order within masthead light at a height not less than
(b)(1)(i)(A) and (b)(1)(i)(B)(1) to read as 15 calendar days of the date of receipt 12 meters above the hull; Annex I,
follows: of confirmation of the order; and paragraph 2(f)(i), pertaining to the
* * * * * placement of the masthead light or
§ 507.47 Validation. lights above and clear of all other lights
Dated: January 15, 2016.
* * * * * and obstructions; Annex I, paragraph
Leslie Kux, 3(a), pertaining to the location of the
(b) * * *
Associate Commissioner for Policy. forward masthead light in the forward
(1) * * *
(i)(A) Prior to implementation of the [FR Doc. 2016–01290 Filed 1–21–16; 8:45 am] quarter of the ship, and the horizontal
food safety plan; or BILLING CODE 4164–01–P distance between the forward and after
(B) * * * masthead light; Annex I, paragraph 3(c),
(1) Within 90 calendar days after pertaining to the task light’s horizontal
production of the applicable animal DEPARTMENT OF DEFENSE distance from the fore and aft centerline
food first begins; or of the vessel in the athwartship
Department of the Navy direction. The DAJAG (Admiralty and
* * * * *
■ 10. In § 507.50, revise paragraph (c)(1)
Maritime Law) has also certified that the
32 CFR Part 706 lights involved are located in closest
to read as follows:
possible compliance with the applicable
§ 507.50 Reanalysis.
Certifications and Exemptions Under 72 COLREGS requirements.
the International Regulations for
* * * * * Preventing Collisions at Sea, 1972 Moreover, it has been determined, in
(c) * * * accordance with 32 CFR parts 296 and
(1) Before any change in activities AGENCY: Department of the Navy, DoD. 701, that publication of this amendment
(including any change in preventive ACTION: Final rule. for public comment prior to adoption is
control) at the facility is operative; or impracticable, unnecessary, and
SUMMARY: The Department of the Navy contrary to public interest since it is
* * * * *
(DoN) is amending its certifications and based on technical findings that the
■ 11. In § 507.51, revise paragraph exemptions under the International
(a)(4)(iii) to read as follows: placement of lights on this vessel in a
Regulations for Preventing Collisions at manner differently from that prescribed
§ 507.51 Modified requirements that apply Sea, 1972 (72 COLREGS), to reflect that herein will adversely affect the vessel’s
to a facility solely engaged in the storage the Deputy Assistant Judge Advocate ability to perform its military functions.
of unexposed packaged animal food. General (DAJAG) (Admiralty and
Maritime Law) has determined that USS List of Subjects in 32 CFR Part 706
(a) * * *
(4) * * * MONTGOMERY (LCS 8) is a vessel of Marine safety, Navigation (water), and
(iii) Reviewing records of monitoring the Navy which, due to its special Vessels.
and corrective actions taken to correct a construction and purpose, cannot fully
comply with certain provisions of the 72 For the reasons set forth in the
problem with the control of temperature
COLREGS without interfering with its preamble, the DoN amends part 706 of
within 7-working days after the records
special function as a naval ship. The title 32 of the Code of Federal
are created or within a reasonable
intended effect of this rule is to warn Regulations as follows:
timeframe, provided that the preventive
controls qualified individual prepares mariners in waters where 72 COLREGS
apply. PART 706—CERTIFICATIONS AND
(or oversees the preparation of) a written EXEMPTIONS UNDER THE
justification for a timeframe that DATES: This rule is effective January 22,
INTERNATIONAL REGULATIONS FOR
exceeds 7-working days; and 2016 and is applicable beginning PREVENTING COLLISIONS AT SEA,
* * * * * December 15, 2015. 1972
■ 12. In § 507.65, revise paragraph (e) to FOR FURTHER INFORMATION CONTACT:
read as follows: Commander Theron R. Korsak, JAGC, ■ 1. The authority citation for part 706
U.S. Navy, Admiralty Attorney, continues to read as follows:
§ 507.65 Contents of an order to withdraw (Admiralty and Maritime Law), Office of
a qualified facility exemption. Authority: 33 U.S.C. 1605.
the Judge Advocate General, Department
* * * * * of the Navy, 1322 Patterson Ave. SE., ■ 2. Section 706.2 is amended by:
(e) A statement that a facility may Suite 3000, Washington Navy Yard, DC
■ a. In Table One, adding, in alpha
request that FDA reinstate an exemption 20374–5066, telephone number: 202–
numerical order, by vessel number, an
that was withdrawn by following the 685–5040.
entry for USS MONTGOMERY (LCS 8);
procedures in § 507.85; SUPPLEMENTARY INFORMATION: Pursuant
■ b. In Table Four, under paragraph 15,
* * * * * to the authority granted in 33 U.S.C.
1605, the DoN amends 32 CFR part 706. adding, in alpha numerical order, by
■ 13. In § 507.69, revise paragraph (a)(1) vessel number, an entry for USS
to read as follows: This amendment provides notice that
the DAJAG (Admiralty and Maritime MONTGOMERY (LCS 8);
mstockstill on DSK4VPTVN1PROD with RULES
§ 507.69 Procedure for submitting an Law), under authority delegated by the ■ c. In Table Four, under paragraph 16,
appeal. Secretary of the Navy, has certified that adding, in alpha numerical order, by
(a) * * * USS MONTGOMERY (LCS 8) is a vessel vessel number, an entry for USS
(1) Submit the appeal in writing to the of the Navy which, due to its special MONTGOMERY (LCS 8); and
FDA District Director in whose district construction and purpose, cannot fully ■ d. In Table Five, adding, in alpha
the facility is located (or, in the case of comply with the following specific numerical order, by vessel number, an
a foreign facility, the Director of the provisions of 72 COLREGS without entry for USS MONTGOMERY (LCS 8).
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![3720 Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Rules and Regulations
APPROVED: December 15, 2015. Consolidated Appropriations Act, 1999 contract that resulted in the Forest
A.B. Fischer, (Pub. L. 105–277), the Forest Service has Service’s receipt of service work in an
Captain, JAGC, U.S. Navy, Deputy Assistant been authorized to enter into amount less than the value of the timber
Judge Advocate, General (Admiralty and stewardship projects since 1999 (16 or forest product removed by a
Maritime Law). U.S.C. 2104 note); however, this contractor utilized a contract that
Dated: January 14, 2016.
authority was not permanent. The 2014 resembled a timber sale contract.
Act makes the authority permanent Recognizing the unique nature of the
N.A. Hagerty-Ford, use of timber and forest products as
through an amendment to HFRA. With
Commander, Judge Advocate General’s Corps, limited exceptions, the permanent consideration for the services received
U.S. Navy, Federal Register Liaison Officer. under stewardship contracts and
authority is identical to the temporary
[FR Doc. 2016–01229 Filed 1–21–16; 8:45 am] authority. Section 604(b) of HFRA agreements, section 604(d)(2) provides
BILLING CODE 3810–FF–P provides that the Forest Service, ‘‘via that the Secretary may consider a
agreement or contract as appropriate, stewardship contract to be a contract for
may enter into stewardship contracting the sale of property under terms
DEPARTMENT OF AGRICULTURE projects with private persons or other prescribed by the Secretary without
public or private entities to perform regard to any other provision of law.
Forest Service services to achieve land management Accordingly, section 223.301 of this rule
goals for the national forests and the continues the use of the different types
36 CFR Part 223 public lands that meet local and rural of contracts based on the value of the
RIN 0596–AD25 community needs.’’ Section 604(d)(1) products removed and services
provides that a source for performance received. In order to ensure consistency
Stewardship End Result Contracting of a stewardship agreement or contract in the operation of these projects to the
Projects must be selected on a best value basis. extent that is practicable, sections
Section 604(d)(4) further provides that 223.303 and 223.304 provide for the use
AGENCY: Forest Service, USDA. of existing regulatory provisions.
the Forest Service can apply the value
ACTION: Final rule. Section 223.303 sets forth the rules for
of timber or other forest products
SUMMARY: The United States Department removed under the project as an offset contracts that are principally the
of Agriculture (Department) is issuing against the value of the services acquisition of a service and rely upon
received by the Forest Service. In the Federal Acquisition Regulations
this rule to carry out Stewardship End
accordance with section 604(e), the (FAR) set forth in Title 48 of the Code
Result Contracting Projects. This
Forest Service can collect funds of Federal Regulations. Section 223.304
authority originated on a limited pilot
received under a stewardship project if sets forth the rules for contracts that are
basis and then was expanded through a
doing so is a secondary objective of the principally sales of property contracts
succession of subsequent amendments
project. and generally rely upon existing Forest
and continued into Fiscal Year 2014.
Pursuant to section 604 of HFRA, the Service Timber Sale regulations set forth
The enactment of section 8205 of the
land management goals of a stewardship in 36 CFR part 223, subparts A & B,
Agricultural Act of 2014 (2014 Act)
project may include any of the except as provided in section
establishes permanent authority to
following: 223.304(a).
conduct Stewardship End Result The regulations in 2 CFR 200, as
Contracting projects by adding a new 1. Road and trail maintenance or
obliteration to restore or maintain water adopted and supplemented by the
section 604 to the Healthy Forests USDA in 2 CFR 400, 416 and 422 set
Restoration Act of 2003 (HFRA). quality;
2. Soil productivity, habitat for forth the general rules that are
Accordingly, this final rule sets forth the applicable to all grants and cooperative
regulations implementing this wildlife and fisheries, or other resource
values; agreements made by the Department of
permanent authority. These regulations Agriculture. Because the Forest
3. Setting of prescribed fires to
generally follow the Forest Service Service’s use of agreements entered into
improve the composition, structure,
policy and processes that have been in under this part are not financial
condition, and health of stands or to
place for some time. The regulations assistance for the benefit of the recipient
improve wildlife habitat;
revise existing Forest Service policy to 4. Removing vegetation or other but instead are entered into for the
provide greater uniformity in the activities to promote healthy forest benefit of the Forest Service, the
administration of the various stands, reduce fire hazards, or achieve assistance regulations in 2 CFR 200, as
mechanisms used by the Forest Service other land management objectives; adopted and supplemented by the
to implement stewardship projects. 5. Watershed restoration and USDA in 2 CFR 400, are not applicable
DATES: This rule is effective January 22, maintenance; to such agreements.
2016. 6. Restoration and maintenance of While this final rule generally sets
FOR FURTHER INFORMATION CONTACT: wildlife and fish; and forth the manner in which the Forest
David Lawrence, at 202–205–1269 or 7. Control of noxious and exotic Service has implemented stewardship
delawrence01@fs.fed.us. weeds and reestablishing native plant projects since 1999, this final rule also
Individuals who use species. sets forth with greater clarity the process
telecommunication devices for the deaf The Forest Service has utilized for selecting the appropriate mechanism
may call the Federal Information Relay several types of contracts to implement to implement a stewardship end result
Service at 800–877–8339 between 8 a.m. the stewardship end result contracting project. Section 604(d) of HFRA requires
mstockstill on DSK4VPTVN1PROD with RULES
and 8 p.m. Eastern Standard Time, authority. Generally, a contract that that a source for performance of a
Monday through Friday. resulted in the Forest Service’s receipt stewardship agreement or contract be
SUPPLEMENTARY INFORMATION: of service work in an amount greater selected on a best-value basis. A
than the value of the timber or forest stewardship agreement or contract may
1. Background product removed by a contractor also be entered into notwithstanding
Beginning in 1998 with the enactment utilized a contract that resembled a subsections (d) and (g) of section 14 of
of section 347 of the Omnibus procurement of service contract. A the National Forest Management Act of
VerDate Sep<11>2014 16:27 Jan 21, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\22JAR1.SGM 22JAR1](https://thefederalregister.org/doc/81_FR_3732/page/3.svg)
Document Created: 2016-01-22 01:17:09
Document Modified: 2016-01-22 01:17:09
| 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 January 22, 2016 and is applicable beginning December 15, 2015. | |
| Contact | Commander Theron R. Korsak, JAGC, U.S. Navy, Admiralty Attorney, (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 number: 202-685-5040. | |
| FR Citation | 81 FR 3718 | |
| CFR Associated | Marine Safety; Navigation (water) and Vessels |
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