81 FR 54737 - 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 159 (August 17, 2016)
Department of the Navy
Federal Register Volume 81, Issue 159 (August 17, 2016)
| Page Range | 54737-54739 | |
| FR Document | 2016-19600 |
[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)] [Rules and Regulations] [Pages 54737-54739] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19600] ======================================================================= ----------------------------------------------------------------------- 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 GABRIELLE GIFFORDS (LCS 10) 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 August 17, 2016 and is applicable beginning August 9, 2016. 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 GABRIELLE GIFFORDS (LCS 10) 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 height of the forward masthead light 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), 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. [[Page 54738]] 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 GABRIELLE GIFFORDS (LCS 10); 0 b. In Table Four, under paragraph 15, adding, in alpha numerical order, by vessel number, an entry for USS GABRIELLE GIFFORDS (LCS 10); 0 c. In Table Four, under paragraph 16, adding, in alpha numerical order, by vessel number, an entry for USS GABRIELLE GIFFORDS (LCS 10); and 0 d. In Table Five, adding, in alpha numerical order, by vessel number, an entry for USS GABRIELLE GIFFORDS (LCS 10). The additions read as follows: 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 No. light below minimum required height Sec. 2(a)(i) annex I ---------------------------------------------------------------------------------------------------------------- * * * * * * * USS GABRIELLE GIFFORDS................. LCS 10.................... 4.91 * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * 15. * * * Table Four ---------------------------------------------------------------------------------------------------------------- Horizontal distances from the fore and aft Vessel No. centerline of the vessel in the athwartship direction (meters) ---------------------------------------------------------------------------------------------------------------- * * * * * * * USS GABRIELLE GIFFORDS................. LCS 10.................... Upper--0.16. Middle--1.2. Lower--1.2. ---------------------------------------------------------------------------------------------------------------- * * * * * 16. * * * ---------------------------------------------------------------------------------------------------------------- Vessel No. Obstruction angle relative ship's headings ---------------------------------------------------------------------------------------------------------------- * * * * * * * USS GABRIELLE GIFFORDS................. LCS 10.................... 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/ not over all light not in 2 ship's length Percentage Vessel No. other lights and forward quarter aft of forward horizontal obstructions; of ship; annex I, masthead light, separation annex I, sec. sec. 3(a) annex I, sec. attained 2(f) 3(a) -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * USS GABRIELLE GIFFORDS....................... LCS 10.................... ................. X X 17.9 -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 54739]] Approved: August 9, 2016. C.J. Spain, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law), Acting. Dated: August 11, 2016. N.A. Hagerty-Ford, Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2016-19600 Filed 8-16-16; 8:45 am] BILLING CODE 3810-FF-P
![Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Rules and Regulations 54737
persons must be made by letter. The § 126.9 Advisory opinions and related the Judge Advocate General, Department
letter shall contain: authorizations. of the Navy, 1322 Patterson Ave. SE.,
* * * * * (a) Preliminary authorization Suite 3000, Washington Navy Yard, DC
determinations. A person may request 20374–5066, telephone number: 202–
PART 125—LICENSES FOR THE information from the Directorate of 685–5040.
EXPORT OF TECHNICAL DATA AND Defense Trade Controls on whether it SUPPLEMENTARY INFORMATION: Pursuant
CLASSIFIED DEFENSE ARTICLES would likely grant a license or other to the authority granted in 33 U.S.C.
approval for a particular defense article 1605, the DoN amends 32 CFR part 706.
■ 13. The authority citation for part 125 or defense service to a particular
continues to read as follows: This amendment provides notice that
country. * * * the DAJAG (Admiralty and Maritime
Authority: Secs. 2 and 38, Pub. L. 90–629, * * * * * Law), under authority delegated by the
90 Stat. 744 (22 U.S.C. 2752, 2778); 22 U.S.C. (c) Interpretations of the ITAR. Any Secretary of the Navy, has certified that
2651a; E.O. 13637, 78 FR 16129.
person may request an interpretation of USS GABRIELLE GIFFORDS (LCS 10) is
■ 14. Section 125.2 is amended by the requirements set forth in this a vessel of the Navy which, due to its
revising paragraph (a) to read as follows: subchapter in the form of an advisory special construction and purpose,
opinion. A request for an advisory cannot fully comply with the following
§ 125.2 Exports of unclassified technical
data. opinion must be made in writing. Any specific provisions of 72 COLREGS
response to an advisory opinion without interfering with its special
(a) License. A license (DSP–5) is
provided by the Directorate of Defense function as a naval ship: Annex I
required for the export of unclassified
Trade Controls pursuant to this paragraph 2(a)(i), pertaining to the
technical data unless the export is
paragraph shall not be an authorization height of the forward masthead light
exempt from the licensing requirements
of this subchapter. In the case of a plant to export and shall not bind the above the hull; Annex I, paragraph
visit, details of the proposed discussions Department to grant or deny any such 2(f)(i), pertaining to the placement of the
must be transmitted to the Directorate of authorization. masthead light or lights above and clear
Defense Trade Controls for an appraisal Rose E. Gottemoeller,
of all other lights and obstructions;
of the technical data. Annex I, paragraph 3(a), pertaining to
Under Secretary, Arms Control and
International Security, Department of State.
the location of the forward masthead
* * * * *
light in the forward quarter of the ship,
■ 15. Section 125.7 is amended by [FR Doc. 2016–19550 Filed 8–16–16; 8:45 am]
and the horizontal distance between the
revising paragraph (b) to read as follows: BILLING CODE 4710–25–P
forward and after masthead light; Annex
§ 125.7 Procedures for the export of I, paragraph 3(c), pertaining to the task
classified technical data and other light’s horizontal distance from the fore
classified defense articles. DEPARTMENT OF DEFENSE and aft centerline of the vessel in the
* * * * * athwartship direction. The DAJAG
Department of the Navy
(b) An application for the export of (Admiralty and Maritime Law) has also
classified technical data or other certified that the lights involved are
32 CFR Part 706
classified defense articles must be located in closest possible compliance
accompanied by a completed form DSP– Certifications and Exemptions Under with the applicable 72 COLREGS
83 (see § 123.10 of this subchapter). All the International Regulations for requirements.
classified materials accompanying an Preventing Collisions at Sea, 1972 Moreover, it has been determined, in
application must be transmitted to the accordance with 32 CFR parts 296 and
Directorate of Defense Trade Controls in AGENCY: Department of the Navy, DoD. 701, that publication of this amendment
accordance with the procedures ACTION: Final rule. for public comment prior to adoption is
contained in the Department of Defense impracticable, unnecessary, and
National Industrial Security Program SUMMARY: The Department of the Navy contrary to public interest since it is
Operating Manual (unless such (DoN) is amending its certifications and based on technical findings that the
requirements are inconsistent with exemptions under the International placement of lights on this vessel in a
guidance provided by the Directorate of Regulations for Preventing Collisions at manner differently from that prescribed
Defense Trade Controls, in which case Sea, 1972 (72 COLREGS), to reflect that herein will adversely affect the vessel’s
the latter guidance must be followed). the Deputy Assistant Judge Advocate ability to perform its military functions.
General (DAJAG) (Admiralty and
PART 126—GENERAL POLICIES AND Maritime Law) has determined that USS List of Subjects in 32 CFR Part 706
PROVISIONS GABRIELLE GIFFORDS (LCS 10) is a Marine safety, Navigation (water),
vessel of the Navy which, due to its Vessels.
■ 16. The authority citation for part 126 special construction and purpose, For the reasons set forth in the
continues to read as follows: cannot fully comply with certain preamble, the DoN amends part 706 of
Authority: Secs. 2, 38, 40, 42, and 71, Pub. provisions of the 72 COLREGS without title 32 of the Code of Federal
L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, interfering with its special function as a Regulations as follows:
2780, 2791, and 2797); 22 U.S.C. 2651a; 22 naval ship. The intended effect of this
U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, rule is to warn mariners in waters where PART 706—CERTIFICATIONS AND
1994 Comp., p. 899; Sec. 1225, Pub. L. 108– 72 COLREGS apply.
375; Sec. 7089, Pub. L. 111–117; Pub. L. 111– EXEMPTIONS UNDER THE
mstockstill on DSK3G9T082PROD with RULES
266; Section 7045, Pub. L. 112–74; Section DATES: This rule is effective August 17, INTERNATIONAL REGULATIONS FOR
7046, Pub. L. 112–74; E.O. 13637, 78 FR 2016 and is applicable beginning PREVENTING COLLISIONS AT SEA,
16129. August 9, 2016. 1972
■ 17. Section 126.9 is amended by FOR FURTHER INFORMATION CONTACT:
revising the heading and the first Commander Theron R. Korsak, JAGC, ■ 1. The authority citation for part 706
sentence of paragraph (a) and adding U.S. Navy, Admiralty Attorney, continues to read as follows:
paragraph (c) to read as follows: (Admiralty and Maritime Law), Office of Authority: 33 U.S.C. 1605.
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Approved: August 9, 2016. § Section Ships Duluth 2016, including a Parade
C.J. Spain, U.S.C. United States Code of Sail, is akin to similar events held
Deputy Assistant Judge Advocate General II. Background Information and several times in the past in Duluth,
(Admiralty and Maritime Law), Acting. Regulatory History Minnesota, the most recent being in
Dated: August 11, 2016. 2013.
The Coast Guard is issuing this The Tall Ships visit to Duluth, which
N.A. Hagerty-Ford,
temporary rule without prior notice and will occur from August 18–21, 2016,
Commander, Judge Advocate General’s Corps, opportunity to comment pursuant to
U.S. Navy, Federal Register Liaison Officer. will include a Parade of Sail on August
authority under section 4(a) of the 18, 2016. About 9 vessels are expected
[FR Doc. 2016–19600 Filed 8–16–16; 8:45 am] Administrative Procedure Act (APA) (5 to participate in the Parade of Sail.
BILLING CODE 3810–FF–P U.S.C. 553(b)). This provision These temporary special local
authorizes an agency to issue a rule regulations will provide for the safety of
without prior notice and opportunity to life and protection of property on the
DEPARTMENT OF HOMELAND comment when the agency for good navigable waters of Lake Superior and
SECURITY cause finds that those procedures are Duluth Harbor, Minnesota, by providing
‘‘impracticable, unnecessary, or contrary for the organized viewing of Tall Ships
Coast Guard to the public interest.’’ Under 5 U.S.C. and by preventing the large number of
553(b)(B), the Coast Guard finds that spectator vessels from interfering with
33 CFR Part 100 good cause exists for not publishing a the organized and controlled Parade of
[Docket No. USCG–2016–0797] notice of proposed rulemaking (NPRM) Sail. There may be vessels participating
with respect to this rule because doing in the event from several foreign
RIN 1625–AA08 so would be impracticable. Amplifying countries and the high visibility of this
information regarding event schedule, event warrants that temporary special
Special Local Regulations; Tall Ships plan, and vessel participants was not local regulations be established to
Duluth 2016 Parade of Sail, Lake provided by the event sponsor with ensure the safety of vessels and
Superior, Duluth, MN sufficient time to accommodate the spectators from hazards associated with
AGENCY: Coast Guard, DHS. comment period prior to the August 18, Tall Ships Duluth 2016.
2016 event. Thus, delaying the effective The participating vessels will berth at
ACTION: Temporary final rule.
date of this rule to wait for the comment assigned facilities in Duluth, Minnesota,
SUMMARY: The Coast Guard is period to run would be both from August 18–21, 2016. On August
establishing temporary special local impracticable because it would be 19, 2016, visitors will be permitted to
regulations on the navigable waters of impossible to have the rule board the berthed vessels from shore.
Lake Superior and Duluth Harbor, implemented before the date of the On the morning of August 22, 2016, the
Minnesota for the Tall Ships Duluth event. Tall Ships will depart the Duluth
2016 Parade of Sail. This action is We are issuing this rule, and under 5 Harbor.
necessary to provide for the safety of life U.S.C. 553(d)(3), the Coast Guard finds The Coast Guard believes that vessel
and property on the navigable waters of that good cause exists for making it congestion due to the large number of
Lake Superior and Duluth, Minnesota, effective less than 30 days after participating and spectator vessels may
during Tall Ships Duluth 2016 Parade of publication in the Federal Register. pose a significant hazard to navigation.
Sail on August 18, 2016. These Delaying the effective date of this rule To reduce the risk associated with
temporary special local regulations would be contrary to public interest as congested waterways the Coast Guard is
would restrict vessel traffic in portions it would inhibit the Coast Guard’s proposing to establish regulated areas to
of Lake Superior and Duluth Harbor, ability to protect spectator and vessels restrict vessel movement around the
Minnesota, unless authorized by the from the hazards associated with the location of the participating Tall Ships
Captain of the Port (COTP) Duluth. event. while participating in the Parade of Sail
in Duluth Harbor. These temporary
DATES: This rule is effective from 9:00 III. Legal Authority and Need for Rule special local regulations would be in
a.m. through 5:00 p.m. August 18, 2016. The Coast Guard is issuing this rule effect from 9:00 a.m. through 5:00 p.m.
ADDRESSES: To view documents under authority in 33 U.S.C. 1233. August 18, 2016.
mentioned in this preamble as being These temporary special local Area ‘‘Duluth Harbor’’: This Area
available in the docket, go to http:// regulations will provide for the safety of includes all waters of Lake Superior and
www.regulations.gov, type USCG–2016– life and protection of property on the Duluth Harbor bounded by Rice’s Point
0797 in the ‘‘SEARCH’’ box and click navigable waters of Lake Superior and to the west and Duluth to the north,
‘‘SEARCH.’’ Click on Open Docket Duluth Harbor, Minnesota, by providing within the following boundaries:
Folder on the line associated with this for the organized viewing of Tall Ships Beginning at position 46°49′11″ N.,
rule. and preventing the large number of 92°02′20″ W., then due south to position
FOR FURTHER INFORMATION CONTACT: If spectator vessels from interfering with 46°45′12″ N., 92°02′20″ W., and then
you have questions on this rule, call or the organized and controlled Parade of west to position 46°45′12″ N., 92°05′40″
email Lieutenant Junior Grade John Sail. W. (Duluth Marine Terminal South
Mack, Waterways management, MSU Light (LLNR 15935)). This area is
IV. Discussion of the Rule needed to protect the maritime public
Duluth, Coast Guard; telephone 218–
725–3818, email John.V.Mack@uscg.mil. Duluth, Minnesota will host the Tall and participating vessels from hazards
mstockstill on DSK3G9T082PROD with RULES
SUPPLEMENTARY INFORMATION:
Ships Duluth 2016 from August 18–21, to navigation associated with numerous
2016. This visit of sailing vessels is part spectator craft during the Parade of Sail
I. Table of Abbreviations of a recurring series of sail training on August 18, 2016.
CFR Code of Federal Regulations races, rallies, cruises, and port festivals Area ‘‘Parade of Sail’’: This Area
DHS Department of Homeland Security organized by Tall Ships America in includes all waters of Lake Superior and
FR Federal Register conjunction with host ports in the Duluth Harbor bounded by Duluth to
NPRM Notice of proposed rulemaking United States and Canada. The Tall the north, within the following
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Document Created: 2018-02-09 11:35:26
Document Modified: 2018-02-09 11:35:26
| 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 August 17, 2016 and is applicable beginning August 9, 2016. | |
| 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 54737 | |
| CFR Associated | Marine Safety; Navigation (water) and Vessels |
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