81 FR 62008 - 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 174 (September 8, 2016)
Department of the Navy
Federal Register Volume 81, Issue 174 (September 8, 2016)
| Page Range | 62008-62010 | |
| FR Document | 2016-21598 |
[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)] [Rules and Regulations] [Pages 62008-62010] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21598] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- [[Page 62009]] 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 FINN (DDG 113) 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 September 8, 2016 and is applicable beginning August 10, 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 JOHN FINN (DDG 113) 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(f)(ii), pertaining to the placement of task lights; 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 lights; and Annex I, paragraph 3(c), pertaining to placement of task lights not less than two meters from the fore and aft centerline of the ship 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, amend part 706 of title 32 of the CFR 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 as follows: 0 a. In Table Four, Paragraph 15 by adding, in alpha numerical order, by vessel number, an entry for USS JOHN FINN (DDG 113); 0 b. In Table Five, by adding, in alpha numerical order, by vessel number, an entry for USS JOHN FINN (DDG 113): Sec. 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * * Table Four * * * * * 15. * * * ---------------------------------------------------------------------------------------------------------------- Horizontal distance from the fore Vessel Number and aft centerline of the vessel in the athwartship direction ---------------------------------------------------------------------------------------------------------------- * * * * * * * USS JOHN FINN.............................. DDG 113....................... 1.90 meters * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * Table Five -------------------------------------------------------------------------------------------------------------------------------------------------------- After masthead Masthead lights Forward masthead light less than not over all other light not in \1/2\ ship's Percentage Vessel Number lights and forward quarter of length aft of horizontal obstructions. ship. Annex I, forward masthead separation Annex I, sec. 2(f) sec. 3(a) light. Annex I, attained sec. 3(a) -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * USS JOHN FINN.......................... DDG 113........................ .................. X X 14.5 * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 62010]] Approved: August 10, 2016. C.J. Spain, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law), Acting. Dated: August 31, 2016 C. Pan, Lieutenant, Judge Advocate General's Corps, U.S. Navy, Alternate Federal Register Liaison Officer. [FR Doc. 2016-21598 Filed 9-7-16; 8:45 am] BILLING CODE 3810-FF-P
![62008 Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Rules and Regulations
List of Subjects (f) Unless limited by a condition set previously Exported Defense Articles by
out in an agreement, the export, a member of the United Kingdom
22 CFR 120 and 125
reexport, retransfer, or temporary import Community from the Approved
Arms and munitions, Classified authorized by a license is for the item(s), Community to a location within the
information, Exports. end-use(s), and parties described in the Territory of the United Kingdom.
22 CFR 126 agreement, license, and any letters of * * * * *
explanation. DDTC approves agreements ■ 9. Section 126.18 is amended by
Arms and munitions, Exports. and grants licenses in reliance on revising paragraph (d)(1) to reads as
22 CFR 130 representations the applicant made in or follows:
submitted in connection with the
Arms and munitions, Campaign agreement, letters of explanation, and § 126.18 Exemptions regarding intra-
funds, Confidential business other documents submitted. company, intra-organization, and intra-
information, Exports, Reporting and governmental transfers to employees who
recordkeeping requirements. PART 126—GENERAL POLICIES AND are dual nationals or third-country
Accordingly, for the reasons set forth PROVISIONS nationals.
above, the interim final rule that was * * * * *
published at 81 FR 35611 on June 3, ■ 6. The authority citation for part 126 (d) * * *
2016, is adopted as a final rule with the continues to read as follows: (1) Regular employees of the foreign
following changes: Authority: Secs. 2, 38, 40, 42, and 71, Pub. business entity, foreign governmental
L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, entity, or international organization;
PART 120—PURPOSE AND 2780, 2791, and 2797); 22 U.S.C. 2651a; 22 * * * * *
DEFINITIONS U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR,
1994 Comp., p. 899; Sec. 1225, Pub. L. 108– PART 130—POLITICAL
■ 1. The authority citation for part 120 375; Sec. 7089, Pub. L. 111–117; Pub. L. 111– CONTRIBUTIONS, FEES AND
continues to read as follows: 266; Sections 7045 and 7046, Pub. L. 112–74;
COMMISSIONS
E.O. 13637, 78 FR 16129.
Authority: Secs. 2, 38, and 71, Pub. L. 90–
629, 90 Stat. 744 (22 U.S.C. 2752, 2778, ■ 7. Section 126.16 is amended by ■ 10. The authority citation for part 130
2797); 22 U.S.C. 2794; 22 U.S.C. 2651a; Pub. revising paragraph (a)(1)(iii) to read as continues to read as follows:
L. 105–261, 112 Stat. 1920; Pub. L. 111–266; follows: Authority: Sec. 39, Pub. L. 94–329, 90
Section 1261, Pub. L. 112–239; E.O. 13637, Stat. 767 (22 U.S.C. 2779); 22 U.S.C. 2651a;
78 FR 16129. § 126.16 Exemption pursuant to the
Defense Trade Cooperation Treaty between E.O. 13637, 78 FR 16129.
■ 2. Section 120.19 is amended by the United States and Australia. ■ 11. Section 130.2 is revised to read as
revising paragraph (a) introductory text (a) * * * follows:
to read as follows: (1) * * *
(iii) Reexport and retransfer. (A) § 130.2 Applicant.
§ 120.19 Reexport.
Reexport means, for purposes of this Applicant means any person who
(a) Reexport, except as set forth in section only, the movement of applies to the Directorate of Defense
§ 126.16 or § 126.17, means: previously Exported Defense Articles by Trade Controls for any license or
* * * * * a member of the Australian Community approval required under this subchapter
■ 3. Section 120.51 is revised to read as from the Approved Community to a for the export, reexport, or retransfer of
follows: location outside the Territory of defense articles or defense services
Australia. valued in an amount of $500,000 or
§ 120.51 Retransfer. (B) Retransfer means, for purposes of more which are being sold
(a) Retransfer, except as set forth in this section only, the movement of commercially to or for the use of the
§ 126.16 or § 126.17, means: previously Exported Defense Articles by armed forces of a foreign country or
(1) A change in end use or end user, a member of the Australian Community international organization. This term
or a temporary transfer to a third party, from the Approved Community to a also includes a person to whom the
of a defense article within the same location within the Territory of required license or approval has been
foreign country; or Australia; given.
(2) A release of technical data to a * * * * *
foreign person who is a citizen or Rose E. Gottemoeller,
■ 8. Section 126.17 is amended by Under Secretary, Arms Control and
permanent resident of the country
where the release or transfer takes place. revising paragraph (a)(1)(iii) to read as International Security, Department of State.
(b) [Reserved] follows: [FR Doc. 2016–21481 Filed 9–7–16; 8:45 am]
§ 126.17 Exemption pursuant to the BILLING CODE 4710–25–P
PART 125—LICENSES FOR THE Defense Trade Cooperation Treaty between
EXPORT OF TECHNICAL DATA AND the United States and United Kingdom.
CLASSIFIED DEFENSE ARTICLES (a) * * * DEPARTMENT OF DEFENSE
(1) * * *
■ 4. The authority citation for part 125 (iii) Reexport and retransfer. (A) Department of the Navy
continues to read as follows: Reexport means, for purposes of this
Authority: Secs. 2 and 38, 90–629, 90 Stat. section only, movement of previously 32 CFR Part 706
744 (22 U.S.C. 2752, 2778); 22 U.S.C. 2651a; Exported Defense Articles by a member
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E.O. 13637, 78 FR 16129. of the United Kingdom Community Certifications and Exemptions Under
■ 5. Section 125.1 is amended by adding from the Approved Community to a the International Regulations for
paragraph (f) to read as follows: location outside the Territory of the Preventing Collisions at Sea, 1972
United Kingdom. AGENCY: Department of the Navy, DoD.
§ 125.1 Exports subject to this part. (B) Retransfer means, for purposes of
ACTION: Final rule.
* * * * * this section only, the movement of
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![62010 Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Rules and Regulations
Approved: August 10, 2016. DEPARTMENT OF HOMELAND may enter the safety zones without
C.J. Spain, SECURITY permission of the Captain of the Port
Deputy Assistant Judge Advocate General (COTP).
(Admiralty and Maritime Law), Acting. Coast Guard
DATES: The regulation for the safety
Dated: August 31, 2016 zones described in 33 CFR 165.160 will
33 CFR Part 165
C. Pan, be enforced on the dates and times
[Docket No. USCG–2016–0798] listed in the table in SUPPLEMENTARY
Lieutenant, Judge Advocate General’s Corps,
U.S. Navy, Alternate Federal Register Liaison INFORMATION.
Safety Zones; Fireworks Events in
Officer. FOR FURTHER INFORMATION CONTACT: If
Captain of the Port New York Zone
[FR Doc. 2016–21598 Filed 9–7–16; 8:45 am] you have questions on this notice, call
BILLING CODE 3810–FF–P
AGENCY: Coast Guard, DHS. or email Petty Officer First Class Ronald
ACTION: Notice of enforcement of Sampert U.S. Coast Guard; telephone
regulation. 718–354–4154, email ronald.j.sampert@
SUMMARY: The Coast Guard will enforce uscg.mil.
various safety zones within the Captain SUPPLEMENTARY INFORMATION: The Coast
of the Port New York Zone on the Guard will enforce the safety zones
specified dates and times. This action is listed in 33 CFR 165.160 on the
necessary to ensure the safety of vessels specified dates and times as indicated in
and spectators from hazards associated Table 1 below. This regulation was
with fireworks displays. During the published in the Federal Register on
enforcement period, no person or vessel November 9, 2011 (76 FR 69614).
TABLE 1
Rose Event, Pier D, Hudson River Safety Zone, 33 CFR 165.160(5.7) Launch site: A barge located in approximate position 40°42′57.5″ N.,
074°01′34″ W., (NAD 1983), approximately 375 yards southeast of
Pier D, Jersey City, New Jersey. This Safety Zone is a 360-yard ra-
dius from the barge.
• Date: September 10, 2016.
• Time: 7 p.m.–9 p.m.
2. Pop Event Planning, Ellis Island Safety Zone., 33 CFR 165.160(2.2) • Launch site: A barge located between Federal Anchorages 20–A
and 20–B, in approximate position 40°41′45″ N., 074°02′09″ W.,
(NAD 1983) about 365 yards east of Ellis Island. This Safety Zone is
a 360-yard radius from the barge.
• Date: September 15, 2016.
• Time: 8:45 p.m.–10 p.m.
3. Save the Date, Ellis Island Safety Zone, 33 CFR 165.160(2.2) .......... • Launch site: A barge located between Federal Anchorages 20–A
and 20–B, in approximate position 40°41′45″ N., 074°02′09″ W.,
(NAD 1983) about 365 yards east of Ellis Island. This Safety Zone is
a 360-yard radius from the barge.
• Date: October 27, 2016.
• Time: 8:30 p.m.–10 p.m.
Under the provisions of 33 CFR used to grant general permission to DEPARTMENT OF COMMERCE
165.160, vessels may not enter the safety enter the safety zone.
zones unless given permission from the National Oceanic and Atmospheric
Dated: August 18, 2016.
COTP or a designated representative. Administration
M.H. Day,
Spectator vessels may transit outside the
Captain, U.S. Coast Guard, Captain of the 50 CFR Part 216
safety zones but may not anchor, block,
Port New York.
loiter in, or impede the transit of other [Docket No. 160413333–6721–01]
[FR Doc. 2016–21503 Filed 9–7–16; 8:45 am]
vessels. The Coast Guard may be
BILLING CODE 9110–04–P RIN 0648–BF98
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation. Approach Regulations for Humpback
Whales in Waters Surrounding the
This notice is issued under authority Islands of Hawaii Under the Marine
of 33 CFR 165.160(a) and 5 U.S.C. Mammal Protection Act
552(a). In addition to this notice in the
Federal Register, the Coast Guard will AGENCY: National Marine Fisheries
provide mariners with advanced Service (NMFS), National Oceanic and
notification of enforcement periods via Atmospheric Administration (NOAA),
the Local Notice to Mariners and marine Department of Commerce.
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information broadcasts. ACTION: Interim final rule; notice of
availability of Environmental
If the COTP determines that a safety
Assessment.
zone need not be enforced for the full
duration stated in this notice, a SUMMARY: We, NMFS, are issuing
Broadcast Notice to Mariners may be regulations under the Marine Mammal
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Document Created: 2018-02-09 13:12:58
Document Modified: 2018-02-09 13:12:58
| 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 September 8, 2016 and is applicable beginning August 10, 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 62008 |
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