82 FR 48764 - Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972
DEPARTMENT OF DEFENSE
Department of the Navy Federal Register Volume 82, Issue 202 (October 20, 2017)
Department of the Navy
Federal Register Volume 82, Issue 202 (October 20, 2017)
| Page Range | 48764-48766 | |
| FR Document | 2017-22578 |
[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)] [Rules and Regulations] [Pages 48764-48766] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22578] ======================================================================= ----------------------------------------------------------------------- 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 certain vessels of the VIRGINIA SSN Class are vessels of the Navy which, due to their special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with their special function as a naval ships. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply. DATES: This rule is effective October 20, 2017 and is applicable beginning September 30, 2017. FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Kyle Fralick, (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 certain vessels of the SSN Class are vessels of the Navy which, due to their special construction and purpose, cannot fully comply with the following specific provisions of 72 COLREGS without interfering with their special function as a naval ship: Rule 23(a) and Annex I, paragraph 2(a)(i), pertaining to the vertical placement of the masthead, light and Annex I, paragraph 2(f)(i), pertaining to the masthead light being above and clear of all other lights and obstructions; Rule 30 (a), Rule 21(e), and Annex I, paragraph 2(k), pertaining to the vertical separation of the anchor lights, vertical placement of the forward anchor light above the hull, and the arc of visibility of all around lights; Rule 23 (a) and Annex I, paragraph 3(b), pertaining to the location of the sidelights; and Rule 21(c), pertaining to the location and arc of visibility of the sternlight. 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 these vessels in a manner differently from that prescribed herein will adversely affect these vessels' ability to perform their 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 One, adding, in alpha numerical order, by vessel number, an entry for USS INDIANA (SSN 789); 0 b. In Table Three, adding, in alpha numerical order, by vessel number, an entry for USS INDIANA (SSN 789); and 0 c. In Table Four: 0 i. In paragraph 25, adding, in alpha numerical order, by vessel number, an entry for USS INDIANA (SSN 789); and 0 ii. In paragraph 26, adding, in alpha numerical order, by vessel number, an entry for USS INDIANA (SSN 789). 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. * * * * * [[Page 48765]] Table One ------------------------------------------------------------------------ Distance in meters of forward masthead light Vessel Number below minimum required height Sec. 2(a)(i) Annex I ------------------------------------------------------------------------ * * * * * * * USS INDIANA.................. SSN 789........ 2.76 * * * * * * * ------------------------------------------------------------------------ * * * * * * * * * * Table Three -------------------------------------------------------------------------------------------------------------------------------------------------------- Anchor Side lights, Stern light, Forward lights Masthead Side lights Stern light distance distance anchor relationship lights arc arc of arc of inboard of forward of light, of aft light Vessel Number of visibility; visibility; ship's sides stern in height above to forward visibility; rule 21(b) rule 21(c) in meters meters; rule hull in light in rule 21(a) 3(b) annex 1 21(c) meters; 2(K) meters 2(K) annex 1 annex 1 -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * USS INDIANA....................... SSN 789........... ............ ............ 206.0[deg] 4.37 11.05 2.8 0.30 * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * * * * 25. * * * Table Four ------------------------------------------------------------------------ Distance in meters of masthead light below the Vessel Number submarine identification lights ------------------------------------------------------------------------ * * * * * * * USS INDIANA.................. SSN 789........ 0.81 ------------------------------------------------------------------------ 26. * * * ---------------------------------------------------------------------------------------------------------------- Obstruction angle relative to ship's headings Vessel Number ---------------------------------------------------------- Forward anchor light Aft anchor light ---------------------------------------------------------------------------------------------------------------- * * * * * * * USS INDIANA..................... SSN 789............ 172[deg] to 188[deg]........ 359[deg] to 1[deg]. ---------------------------------------------------------------------------------------------------------------- [[Page 48766]] * * * * * Approved: September 30, 2017. A.S. Janin, Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law Division). Dated: October 10, 2017. A.M. Nichols, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2017-22578 Filed 10-19-17; 8:45 am] BILLING CODE 3810-FF-P
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sequences from patients suspected of document an appropriate end user light and Annex I, paragraph 2(f)(i),
meningitis or encephalitis. A device to device training program that will be pertaining to the masthead light being
detect and identify microbial pathogen offered as part of your efforts to mitigate above and clear of all other lights and
nucleic acids in cerebrospinal fluid is the risk of failure to correctly operate obstructions; Rule 30 (a), Rule 21(e), and
intended to aid in the diagnosis of the instrument. Annex I, paragraph 2(k), pertaining to
meningitis or encephalitis when used in Dated: October 13, 2017. the vertical separation of the anchor
conjunction with clinical signs and Leslie Kux,
lights, vertical placement of the forward
symptoms and other clinical and anchor light above the hull, and the arc
Associate Commissioner for Policy.
laboratory findings. of visibility of all around lights; Rule 23
[FR Doc. 2017–22769 Filed 10–19–17; 8:45 am]
(b) Classification. Class II (special (a) and Annex I, paragraph 3(b),
controls). The special controls for this BILLING CODE 4164–01–P pertaining to the location of the
device are: sidelights; and Rule 21(c), pertaining to
(1) Premarket notification the location and arc of visibility of the
submissions must include detailed DEPARTMENT OF DEFENSE sternlight. The DAJAG (Admiralty and
device description documentation, Maritime Law) has also certified that the
including the device components, Department of the Navy lights involved are located in closest
ancillary reagents required but not possible compliance with the applicable
provided, and a detailed explanation of 32 CFR Part 706 72 COLREGS requirements.
the methodology, including primer/ Moreover, it has been determined, in
Certifications and Exemptions Under
probe sequence, design, and rationale accordance with 32 CFR parts 296 and
the International Regulations for
for sequence selection. 701, that publication of this amendment
(2) Premarket notification Preventing Collisions at Sea, 1972
for public comment prior to adoption is
submissions must include detailed AGENCY: Department of the Navy, DoD. impracticable, unnecessary, and
documentation from the following ACTION: Final rule. contrary to public interest since it is
analytical studies: Analytical sensitivity based on technical findings that the
(limit of detection), inclusivity, SUMMARY: The Department of the Navy placement of lights on these vessels in
reproducibility, interference, cross (DoN) is amending its certifications and a manner differently from that
reactivity, and specimen stability. exemptions under the International prescribed herein will adversely affect
(3) Premarket notification Regulations for Preventing Collisions at these vessels’ ability to perform their
submissions must include detailed Sea, 1972 (72 COLREGS), to reflect that military functions.
documentation from a clinical study. the Deputy Assistant Judge Advocate
The study, performed on a study General (DAJAG) (Admiralty and List of Subjects in 32 CFR Part 706
population consistent with the intended Maritime Law) has determined that Marine safety, Navigation (water),
use population, must compare the certain vessels of the VIRGINIA SSN Vessels.
device performance to results obtained Class are vessels of the Navy which, due For the reasons set forth in the
from well-accepted comparator to their special construction and preamble, the DoN amends part 706 of
methods. purpose, cannot fully comply with title 32 of the Code of Federal
(4) Premarket notification certain provisions of the 72 COLREGS Regulations as follows:
submissions must include detailed without interfering with their special
documentation for device software, function as a naval ships. The intended PART 706—CERTIFICATIONS AND
including, but not limited to, software effect of this rule is to warn mariners in EXEMPTIONS UNDER THE
applications and hardware-based waters where 72 COLREGS apply. INTERNATIONAL REGULATIONS FOR
devices that incorporate software. DATES: This rule is effective October 20, PREVENTING COLLISIONS AT SEA,
(5) The Intended Use statement in the 2017 and is applicable beginning 1972
device labeling must include a September 30, 2017.
statement that the device is intended to ■ 1. The authority citation for part 706
FOR FURTHER INFORMATION CONTACT:
be used in conjunction with standard of continues to read as follows:
care culture. Lieutenant Commander Kyle Fralick,
(Admiralty and Maritime Law), Office of Authority: 33 U.S.C. 1605.
(6) A detailed explanation of the
interpretation of results and acceptance the Judge Advocate General, Department ■ 2. Section 706.2 is amended by:
criteria must be included in the device’s of the Navy, 1322 Patterson Ave. SE., ■ a. In Table One, adding, in alpha
21 CFR 809.10(b)(9) compliant labeling. Suite 3000, Washington Navy Yard, DC numerical order, by vessel number, an
(7) The device labeling must include 20374–5066, telephone 202–685–5040. entry for USS INDIANA (SSN 789);
a limitation stating that the negative SUPPLEMENTARY INFORMATION: Pursuant ■ b. In Table Three, adding, in alpha
results do not preclude the possibility of to the authority granted in 33 U.S.C. numerical order, by vessel number, an
central nervous system infection. 1605, the DoN amends 32 CFR part 706. entry for USS INDIANA (SSN 789); and
(8) The device labeling must include This amendment provides notice that ■ c. In Table Four:
a limitation stating that device results the DAJAG (Admiralty and Maritime ■ i. In paragraph 25, adding, in alpha
are not intended to be used as the sole Law), under authority delegated by the numerical order, by vessel number, an
basis for diagnosis, treatment, or other Secretary of the Navy, has certified that entry for USS INDIANA (SSN 789); and
patient management decisions. certain vessels of the SSN Class are ■ ii. In paragraph 26, adding, in alpha
(9) The device labeling must include vessels of the Navy which, due to their numerical order, by vessel number, an
nlaroche on DSK9F9SC42PROD with RULES
a limitation stating that positive results special construction and purpose, entry for USS INDIANA (SSN 789).
do not mean that the organism detected cannot fully comply with the following The additions read as follows:
is infectious or is the causative agent for specific provisions of 72 COLREGS
clinical symptoms. without interfering with their special § 706.2 Certifications of the Secretary of
(10) As part of the risk management function as a naval ship: Rule 23(a) and the Navy under Executive Order 11964 and
activities performed as part of your 21 Annex I, paragraph 2(a)(i), pertaining to 33 U.S.C. 1605.
CFR 820.30 design controls, you must the vertical placement of the masthead, * * * * *
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* * * * * accompanied by a written comment. areas within its borders. This progress
Approved: September 30, 2017. The written comment is considered the report SIP included a determination that
A.S. Janin,
official comment and should include Wisconsin’s existing regional haze SIP
discussion of all points you wish to requires no substantive revision to
Captain, JAGC, U.S. Navy, Deputy Assistant
Judge Advocate, General (Admiralty and
make. EPA will generally not consider achieve the established regional haze
Maritime Law Division). comments or comment contents located visibility improvement and emissions
Dated: October 10, 2017.
outside of the primary submission (i.e., reduction goals for 2018. EPA is
on the web, cloud, or other file sharing proposing to approve Wisconsin’s
A.M. Nichols,
system). For additional submission progress report on the basis that it
Lieutenant Commander, Judge Advocate methods, please contact the person satisfies the applicable requirements of
General’s Corps, U.S. Navy, Federal Register
Liaison Officer.
identified in the FOR FURTHER the rule at 40 CFR 51.308.
INFORMATION CONTACT section. For the
[FR Doc. 2017–22578 Filed 10–19–17; 8:45 am] II. Requirements for the Regional Haze
full EPA public comment policy,
BILLING CODE 3810–FF–P Progress Report SIPs and Adequacy of
information about CBI or multimedia
Determinations
submissions, and general guidance on
making effective comments, please visit Under 40 CFR 51.308(g), states must
ENVIRONMENTAL PROTECTION http://www2.epa.gov/dockets/ periodically (every five years) submit a
AGENCY commenting-epa-dockets. regional haze progress report that
FOR FURTHER INFORMATION CONTACT: address the seven elements found in 40
40 CFR Part 52
Gilberto Alvarez, Environmental CFR 51.308(g).
[EPA–R05–OAR–2017–0157; FRL–9969–87– Scientist, Attainment Planning and Under 40 CFR 51.308(h), states are
Region 5] Maintenance Section, Air Programs required to submit, at the same time as
Branch (AR–18J), Environmental the progress report, a determination of
Air Plan Approval; Wisconsin;
Protection Agency, Region 5, 77 West the adequacy of their existing regional
Regional Haze Progress Report
Jackson Boulevard, Chicago, Illinois haze SIP and to take one of four possible
AGENCY: Environmental Protection 60604, (312) 886–6143, listed actions based on information in
Agency (EPA). alvarez.gilberto@epa.gov. the progress report.
ACTION: Direct final rule. SUPPLEMENTARY INFORMATION: III. What is EPA’s analysis?
Throughout this document whenever
SUMMARY: The Environmental Protection The Regional Haze Rule provides the
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Agency (EPA) is approving the regional required elements for five-year progress
EPA. This supplementary information
haze progress report under the Clean Air reports in 40 CFR 51.308(g). EPA finds
section is arranged as follows:
Act as a revision to the Wisconsin State that Wisconsin satisfied the 40 CFR
Implementation Plan (SIP). Wisconsin I. Background 51.308(g) requirements with its progress
has satisfied the progress report II. Requirements for the Regional Haze
Progress Report SIPs and Adequacy of
report. EPA finds that, with its negative
requirements of the Regional Haze Rule. declaration, Wisconsin also satisfied the
Determinations
Wisconsin has also met the III. What is EPA’s analysis? requirements for the determination of
requirements for a determination of the IV. What action is EPA taking? adequacy provided in 40 CFR 51.308(h).
adequacy of its regional haze plan with V. Statutory and Executive Order Reviews The following sections discuss the
its negative declaration submitted with information provided by Wisconsin in
the progress report. I. Background the progress report submission, along
DATES: This direct final rule will be States are required to submit a with EPA’s analysis and determination
effective December 19, 2017, unless EPA progress report every five years that of whether the submission met the
receives adverse comments by evaluates progress towards the applicable requirements of § 51.308.
November 20, 2017. If adverse Reasonable Progress Goals (RPGs) for
comments are received, EPA will 1. Status of Implementation of all
each mandatory Class I Federal area
publish a timely withdrawal of the Measures Included in the Regional Haze
within the State and in each mandatory
direct final rule in the Federal Register SIP
Class I Federal area outside the State
informing the public that the rule will which may be affected by emissions In its progress report, Wisconsin
not take effect. from within the State. See 40 CFR summarizes the status of the emissions
ADDRESSES: Submit your comments, 51.308(g). States are also required to reduction measures that were included
identified by Docket ID No. EPA–R05– submit, at the same time as the progress in its 2012 regional haze SIP.
OAR–2017–0157 at http:// report, a determination of the adequacy Specifically, the report addresses the
www.regulations.gov or via email to of the State’s existing regional haze SIP. status of the on-the-books emissions
aburano.douglas@epa.gov. For See 40 CFR 51.308(h). The first progress reduction measures. The measures
comments submitted at Regulations.gov, report is due five years after the include applicable Federal programs
follow the online instructions for submittal of the initial regional haze (e.g., Clean Air Interstate Rule—CAIR,
submitting comments. Once submitted, SIP. Cross State Pollution Rule—CSAPR, on-
comments cannot be edited or removed Wisconsin submitted its regional haze and off-highway mobile source rules,
from Regulations.gov. For either manner plan on January 18, 2012. EPA approved area source rules, point sources, Title IV
of submission, EPA may publish any Wisconsin’s regional haze plan into its programs, nitrogen oxides (NOX) SIP
comment received to its public docket. SIP on August 7, 2012, 77 FR 46952.
nlaroche on DSK9F9SC42PROD with RULES
Call, Maximum Achievable Control
Do not submit electronically any Wisconsin submitted its five-year Technology (MACT) standards, Federal
information you consider to be progress report on March 17, 2017. This and State consent agreements, and
Confidential Business Information (CBI) is a report on progress made in the first Federal and State control strategies for
or other information whose disclosure is implementation period towards RPGs electric generating units (EGUs)). This
restricted by statute. Multimedia for Class I areas outside of Wisconsin. summary includes a discussion of the
submissions (audio, video, etc.) must be Wisconsin does not have any Class I benefits associated with each measure.
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Document Created: 2017-10-20 00:06:24
Document Modified: 2017-10-20 00:06:24
| 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 October 20, 2017 and is applicable beginning September 30, 2017. | |
| Contact | Lieutenant Commander Kyle Fralick, (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 | 82 FR 48764 | |
| CFR Associated | Marine Safety; Navigation (water) and Vessels |
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