82_FR_61113 82 FR 60867 - Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972

82 FR 60867 - 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 246 (December 26, 2017)

Page Range60867-60869
FR Document2017-27759

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 TULSA (LCS 16) 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.

Federal Register, Volume 82 Issue 246 (Tuesday, December 26, 2017) 
[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Rules and Regulations]
[Pages 60867-60869]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27759]


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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 TULSA (LCS 16) 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 December 26, 2017 and is applicable 
beginning December 7, 2017.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Kyle Fralick, 
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 TULSA (LCS 16) 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 2(f)(ii), pertaining to the vertical 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 light; Rule 
27(b)(i) and Annex I, paragraph 9(b)(i), pertaining to the arc of 
visibility of middle tasks lights. 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.

[[Page 60868]]

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 TULSA (LCS 16);
0
b. In Table Four, under paragraph 15, adding, in alpha numerical order, 
by vessel number, an entry for USS TULSA (LCS 16);
0
c. In Table Four, under paragraph 16, adding, in alpha numerical order, 
by vessel number, an entry for USS TULSA (LCS 16);
0
d. In Table Four, under paragraph 27, adding, in alpha numerical order, 
by vessel number, an entry for USS TULSA (LCS 16); and
0
e. In Table Five, adding, in alpha numerical order, by vessel number, 
an entry for USS TULSA (LCS 16).


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 light
           Vessel                  Number        below minimum required
                                                 height  Sec.   2(a)(i)
                                                         Annex I
------------------------------------------------------------------------
 
                              * * * * * * *
USS TULSA...................  LCS 16                                4.2
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

Table Four

* * * * *
    15. * * *

----------------------------------------------------------------------------------------------------------------
                                                                      Horizontal distances from the fore and aft
                 Vessel                            Number            centerline of the vessel in the athwartship
                                                                                      direction
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
USS TULSA..............................  LCS 16                      Upper--0.20 meters.
                                                                     Middle--1.32 meters.
                                                                     Lower--1.40 meters.
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------

    16. * * *

----------------------------------------------------------------------------------------------------------------
                 Vessel                            Number             Obstruction angle relative ship's headings
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
USS TULSA..............................  LCS 16                      72[deg] thru 74[deg].
                                                                     286[deg] thru 288[deg].
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------

    27. * * *

----------------------------------------------------------------------------------------------------------------
                 Vessel                            Number              Obstruction angle relative ship heading
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
USS TULSA..............................  LCS 16                      47[deg] thru 59[deg].
                                                                     301[deg] thru 313[deg].
 

[[Page 60869]]

 
                                                   * * * * * *
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* * * * *

                                                                       Table Five
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        After masthead light
                                                   Mastheadlights not over   Forward masthead light    less than \1/2\ ship's
            Vessel                   Number         all other lights and     not in forward  quarter    length aft of forward     Percentage horizontal
                                                   obstructions  annex I,    of ship  annex I, sec.   masthead light  annex I,     separation attained
                                                          sec. 2(f)                   3(a)                    sec. 3(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
USS TULSA....................  LCS 16             ........................                        X                         X                      15.0
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Approved: December 7, 2017.
A.S. Janin,
Captain, USN, JAGC, Deputy Assistant Judge Advocate General (Admiralty 
and Maritime Law).
    Dated: December 13, 2017.
E.K. Baldini,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2017-27759 Filed 12-22-17; 8:45 am]
BILLING CODE 3810-FF-P

Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations 60867 IV. Paperwork Reduction Act of 1995 capability. The following testing should General (DAJAG) (Admiralty and This final order establishes special be performed: Maritime Law) has determined that USS controls that refer to previously (i) Ability of the device to maintain a TULSA (LCS 16) is a vessel of the Navy approved collections of information seal during various patient positions; which, due to its special construction (ii) Device leakage testing to and purpose, cannot fully comply with found in other FDA regulations. These demonstrate the device maintains certain provisions of the 72 COLREGS collections of information are subject to vacuum; without interfering with its special review by the Office of Management and (iii) Drop testing to ensure the device function as a naval ship. The intended Budget (OMB) under the Paperwork does not incur functional damage after effect of this rule is to warn mariners in Reduction Act of 1995 (44 U.S.C. 3501– dropping the device; and waters where 72 COLREGS apply. 3520). The collections of information in (iv) Functional testing after high and the guidance document ‘‘De Novo DATES: This rule is effective December low storage temperature. 26, 2017 and is applicable beginning Classification Process (Evaluation of (3) All patient contacting components Automatic Class III Designation)’’ have December 7, 2017. must be demonstrated to be been approved under OMB control FOR FURTHER INFORMATION CONTACT: biocompatible. number 0910–0844; the collections of Lieutenant Commander Kyle Fralick, (4) Labeling must include: information in part 814, subparts A (i) A summary of clinical testing JAGC, U.S. Navy, Admiralty Attorney, through E, regarding premarket results, including any adverse events (Admiralty and Maritime Law), Office of approval, have been approved under and evidence that effectiveness has been the Judge Advocate General, Department OMB control number 0910–0231; the achieved. of the Navy, 1322 Patterson Ave. SE, collections of information in part 807, (ii) Technical specifications of the Suite 3000, Washington Navy Yard, DC subpart E, regarding premarket device, including collar sizes, maximum 20374–5066, telephone number: 202– notification submissions, have been duration of use, operating temperature, 685–5040. approved under OMB control number and storage temperature range. SUPPLEMENTARY INFORMATION: Pursuant 0910–0120; and the collections of (iii) Technical specifications of the to the authority granted in 33 U.S.C. information in 21 CFR part 801, vacuum source, including maximum 1605, the DoN amends 32 CFR part 706. regarding labeling, have been approved vacuum level and operational vacuum This amendment provides notice that under OMB control number 0910–0485. level. the DAJAG (Admiralty and Maritime (iv) Instructions for use that includes Law), under authority delegated by the List of Subjects in 21 CFR Part 868 Secretary of the Navy, has certified that how to place the device, determination Medical devices. of size, verification of suction, reference USS TULSA (LCS 16) is a vessel of the Therefore, under the Federal Food, to training materials, and information Navy which, due to its special Drug, and Cosmetic Act and under on troubleshooting the device if it does construction and purpose, cannot fully authority delegated to the Commissioner not attach properly. comply with the following specific of Food and Drugs, 21 CFR part 868 is (v) A warning to screen patients for provisions of 72 COLREGS without amended as follows: carotid artery disease due to the interfering with its special function as a probable risk of the device to dislodge naval ship: Annex I paragraph 2 (a)(i), PART 868—ANESTHESIOLOGY arterial plaques in the carotid artery. pertaining to the height of the forward DEVICES (vi) A warning to exclude patients masthead light above the hull; Annex I, with anatomical abnormalities. paragraph 2(f)(i), pertaining to the ■ 1. The authority citation for part 868 (vii) A warning not to use the device placement of the masthead light or is revised to read as follows: during medical procedures involving lights above and clear of all other lights Authority: 21 U.S.C. 351, 360, 360c, 360e, medications that contain propofol. and obstructions; Annex I, paragraph 360j, 360l, 371. 2(f)(ii), pertaining to the vertical Dated: December 20, 2017. ■ 2. Add § 868.5105 to subpart F to read placement of task lights; Annex I, Leslie Kux, as follows: paragraph 3(a), pertaining to the Associate Commissioner for Policy. location of the forward masthead light § 868.5105 External negative pressure [FR Doc. 2017–27784 Filed 12–22–17; 8:45 am] in the forward quarter of the ship, and airway aid. BILLING CODE 4164–01–P the horizontal distance between the (a) Identification. An external forward and after masthead light; Rule negative pressure airway aid is a 27(b)(i) and Annex I, paragraph 9(b)(i), prescription device that applies negative DEPARTMENT OF DEFENSE pertaining to the arc of visibility of pressure to a patient’s neck to aid in middle tasks lights. The DAJAG providing a patent airway during Department of the Navy (Admiralty and Maritime Law) has also procedures requiring anesthesia. certified that the lights involved are (b) Classification. Class II (special 32 CFR Part 706 located in closest possible compliance controls). The special controls for this with the applicable 72 COLREGS device are: Certifications and Exemptions Under requirements. (1) Clinical performance testing must the International Regulations for Moreover, it has been determined, in document any adverse events observed Preventing Collisions at Sea, 1972 accordance with 32 CFR parts 296 and during clinical use, including impaired AGENCY: Department of the Navy, DoD. 701, that publication of this amendment blood flow, and demonstrate that the ACTION: Final rule. for public comment prior to adoption is impracticable, unnecessary, and ethrower on DSK3G9T082PROD with RULES device performs as intended under anticipated conditions. SUMMARY: The Department of the Navy contrary to public interest since it is (2) Non-clinical performance testing (DoN) is amending its certifications and based on technical findings that the must demonstrate that the device exemptions under the International placement of lights on this vessel in a performs as intended under anticipated Regulations for Preventing Collisions at manner differently from that prescribed patient positions, does not fail during Sea, 1972 (72 COLREGS), to reflect that herein will adversely affect the vessel’s use, and does not lose negative pressure the Deputy Assistant Judge Advocate ability to perform its military functions. VerDate Sep<11>2014 16:22 Dec 22, 2017 Jkt 244001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\26DER1.SGM 26DER1

60868 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations List of Subjects in 32 CFR Part 706 Authority: 33 U.S.C. 1605. vessel number, an entry for USS TULSA Marine safety, Navigation (water), and ■ 2. Section 706.2 is amended by: (LCS 16); and Vessels. ■ a. In Table One, adding, in alpha ■ e. In Table Five, adding, in alpha For the reasons set forth in the numerical order, by vessel number, an numerical order, by vessel number, an preamble, the DoN amends part 706 of entry for USS TULSA (LCS 16); entry for USS TULSA (LCS 16). title 32 of the Code of Federal ■ b. In Table Four, under paragraph 15, Regulations as follows: § 706.2 Certifications of the Secretary of adding, in alpha numerical order, by the Navy under Executive Order 11964 and vessel number, an entry for USS TULSA 33 U.S.C. 1605. PART 706—CERTIFICATIONS AND (LCS 16); EXEMPTIONS UNDER THE * * * * * ■ c. In Table Four, under paragraph 16, INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, adding, in alpha numerical order, by 1972 vessel number, an entry for USS TULSA (LCS 16); ■ 1. The authority citation for part 706 ■ d. In Table Four, under paragraph 27, continues to read as follows: adding, in alpha numerical order, by TABLE ONE Distance in meters of forward masthead Vessel Number light below minimum required height § 2(a)(i) Annex I * * * * * * * USS TULSA ............................................................................................................................................... LCS 16 4.2 * * * * * * * * * * * * Table Four 15. * * * * * * * * Horizontal distances from the fore and aft centerline Vessel Number of the vessel in the athwartship direction * * * * * * * USS TULSA .......................................................................................................................................... LCS 16 Upper—0.20 meters. Middle—1.32 meters. Lower—1.40 meters. * * * * * * 16. * * * Obstruction angle relative Vessel Number ship’s headings * * * * * * USS TULSA .......................................................................................................................................... LCS 16 72° thru 74°. 286° thru 288°. * * * * * * 27. * * * Obstruction angle relative Vessel Number ethrower on DSK3G9T082PROD with RULES ship heading * * * * * * USS TULSA .......................................................................................................................................... LCS 16 47° thru 59°. 301° thru 313°. VerDate Sep<11>2014 16:22 Dec 22, 2017 Jkt 244001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\26DER1.SGM 26DER1

Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations 60869 Obstruction angle relative Vessel Number ship heading * * * * * * * * * * * TABLE FIVE After masthead light less Mastheadlights not over Forward masthead light than 1⁄2 ship’s length aft all other lights and not in forward Percentage horizontal Vessel Number of forward obstructions quarter of ship masthead light separation attained annex I, sec. 2(f) annex I, sec. 3(a) annex I, sec. 3(a) * * * * * * * USS TULSA ............ LCS 16 ........................................ X X 15.0 * * * * * * * Approved: December 7, 2017. on November 6, 2017, until December to remain in the closed-to-navigation A.S. Janin, 26, 2017. position from 7 a.m. to 7 p.m., on Captain, USN, JAGC, Deputy Assistant Judge ADDRESSES: The docket for this Wednesday, December 27, 2017, Advocate General (Admiralty and Maritime deviation, USCG–2017–0967, is through Saturday, December 30, 2017; Law). available at http://www.regulations.gov. Monday, January 1, 2018, through Dated: December 13, 2017. Type the docket number in the Saturday, January 5, 2018; and Monday, E.K. Baldini, ‘‘SEARCH’’ box and click ‘‘SEARCH’’. January 8, 2018, through Tuesday, Lieutenant Commander, Judge Advocate Click on Open Docket Folder on the line January 9, 2018. During these closure General’s Corps, U.S. Navy, Federal Register associated with this deviation. periods the bridge will open on signal, Liaison Officer. if at least 2 hours notice is given. The FOR FURTHER INFORMATION CONTACT: If [FR Doc. 2017–27759 Filed 12–22–17; 8:45 am] bridge will also remain in the closed-to- you have questions on this temporary navigation position 24 hours a day, 7 BILLING CODE 3810–FF–P deviation, call or email Mr. Michael days a week, from 6 a.m. on Wednesday, Thorogood, Bridge Administration January 10, 2018, through 6 p.m. on Branch Fifth District, Coast Guard, Wednesday, January 17, 2018; and from DEPARTMENT OF HOMELAND telephone 757–398–6557, email 6 a.m. on Wednesday, March 14, 2018, SECURITY Michael.R.Thorogood@uscg.mil. through 6 p.m. on Wednesday, March SUPPLEMENTARY INFORMATION: On 21, 2018. Alternative work dates for Coast Guard November 1, 2017, the Coast Guard these closure periods will be from noon published a temporary deviation on Thursday, January 18, 2018, through 33 CFR Part 117 entitled ‘‘Drawbridge Operation 6 p.m. on Wednesday, January 24, 2018; Regulation; Atlantic Intracoastal and from noon on Thursday, March 22, [Docket No. USCG–2017–0967] Waterway, Alligator River, Columbia, 2018, through 6 p.m. on Thursday, Drawbridge Operation Regulation; NC’’ in the Federal Register (82 FR March 29, 2018. If the alternative work Atlantic Intracoastal Waterway, 50577). That document resulted from dates from noon on Thursday, January Alligator River, Columbia, NC North Carolina Department of 18, 2018, through 6 p.m. on Wednesday, Transportation’s request for a temporary January 24, 2018 are used, the bridge AGENCY: Coast Guard, DHS. deviation, occurring from 7 a.m. on will also remain in the closed-to- ACTION:Notice of deviation from November 6, 2017, through 7 p.m. on navigation position from 7 a.m. to 6 drawbridge regulation; modification. November 17, 2017, from normal p.m., Monday through Saturday, from operation of the drawbridge to facilitate January 22, 2018, through March 14, SUMMARY: The Coast Guard has modified bridge maintenance. Subsequent to the 2018; except for scheduled daily a temporary deviation from the approval of that request, North Carolina openings at noon, if at least 2 hours operating schedule that governs the US Department of Transportation requested notice is given. If the alternative work 64/Alligator River Bridge which carries a modification, extending the temporary dates from noon on Thursday, January US 64 over the Atlantic Intracoastal deviation from 7:01 p.m. on November 18, 2018, through 6 p.m. on Wednesday, Waterway (AICW), Alligator River, mile 17, 2017, through 6 p.m. on March 29, January 24, 2018 are not used, the 84.2, near Columbia, NC. The deviation 2018, to allow more time to perform and bridge will also remain in the closed-to- is necessary to facilitate bridge complete additional bridge maintenance navigation position from 7 a.m. to 6 maintenance. This deviation allows the discovered during the previous p.m., Monday through Saturday, from bridge to remain in the closed-to- temporary deviation. Therefore, through January 17, 2018, through March 14, ethrower on DSK3G9T082PROD with RULES navigation position. this document, the Coast Guard 2018; except for scheduled daily DATES: This deviation is effective modifies the dates of the previously openings at noon, if at least 2 hours without actual notice from December approved temporary deviation to allow notice is given. The Coast Guard will 26, 2017 through 6 p.m. on March 29, the US 64/Alligator River Bridge that inform the users of the waterway 2018. For the purposes of enforcement, carries US 64 over the AICW, Alligator through our Broadcast Notices to actual notice will be used from 7 a.m. River, mile 84.2, at near Columbia, NC, Mariners, if the alternative work dates VerDate Sep<11>2014 16:22 Dec 22, 2017 Jkt 244001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\26DER1.SGM 26DER1


Document Created: 2017-12-23 03:07:26
Document Modified: 2017-12-23 03:07:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective December 26, 2017 and is applicable beginning December 7, 2017.
ContactLieutenant Commander Kyle Fralick, 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 Citation82 FR 60867 
CFR AssociatedMarine Safety; Navigation (water) and Vessels
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