83_FR_16271 83 FR 16198 - Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972

83 FR 16198 - Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972

DEPARTMENT OF DEFENSE
Department of the Navy

Federal Register Volume 83, Issue 73 (April 16, 2018)

Page Range16198-16199
FR Document2018-07912

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 WICHITA (LCS 13) 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 83 Issue 73 (Monday, April 16, 2018)
[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Rules and Regulations]
[Pages 16198-16199]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07912]


=======================================================================
-----------------------------------------------------------------------

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 WICHITA (LCS 13) 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 April 16, 2018 and is applicable 
beginning April 3, 2018.

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 WICHITA(LCS 13) 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 
and Annex I; and 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. 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.


[[Page 16199]]


    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 WICHITA (LCS 13); and
0
b. In Table Five, adding, in alpha numerical order, by vessel number, 
an entry for USS WICHITA (LCS 13).
    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 light
                 Vessel                            Number               below minimum required height.  Sec.
                                                                            2(a){time} {i{time}  Annex I
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
USS WICHITA.............................  LCS 13                    6.0
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


                                                                       Table Five
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                            After mast- head light
                                                      Masthead lights not over    Forward masthead light    less than \1/2\ ship's        Percentage
             Vessel                     Number          all other lights and    not in forward quarter of    length aft of forward        horizontal
                                                       obstructions. annex I,    ship. annex I, sec. 3(a)  masthead light. annex I,  separation attained
                                                             sec. 2(f)                                             sec. 3(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
USS WICHITA.....................  LCS 13             .........................  X........................  X.......................  23
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Approved: April 3, 2018.
C.J. Spain,
Deputy Assistant Judge Advocate General (Admiralty and Maritime Law), 
Acting.
    Dated: April 6, 2018.
E.K. Baldini,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2018-07912 Filed 4-13-18; 8:45 am]
BILLING CODE 3810-FF-P



                                             16198               Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Rules and Regulations

                                             (k) Exception to Service Information                    available at the addresses specified in               Regulations for Preventing Collisions at
                                             Specifications                                          paragraphs (o)(6) and (o)(7) of this AD.              Sea, 1972 (72 COLREGS), to reflect that
                                               Where Boeing Service Bulletin MD11–28–                (o) Material Incorporated by Reference                the Deputy Assistant Judge Advocate
                                             126, Revision 1, dated June 18, 2009; Boeing                                                                  General (DAJAG) (Admiralty and
                                             Service Bulletin MD11–28–126, Revision 4,                  (1) The Director of the Federal Register
                                                                                                     approved the incorporation by reference               Maritime Law) has determined that USS
                                             dated November 29, 2011; or Boeing Service                                                                    WICHITA (LCS 13) is a vessel of the
                                             Bulletin MD11–28–126, Revision 6, dated                 (IBR) of the service information listed in this
                                             July 1, 2016; specifies to contact The Boeing           paragraph under 5 U.S.C. 552(a) and 1 CFR             Navy which, due to its special
                                             Company for repair instructions: Before                 part 51.                                              construction and purpose, cannot fully
                                             further flight, repair the auxiliary fuel tank             (2) You must use this service information          comply with certain provisions of the 72
                                             using a method approved in accordance with              as applicable to do the actions required by           COLREGS without interfering with its
                                             the procedures specified in paragraph (m) of            this AD, unless the AD specifies otherwise.
                                                                                                                                                           special function as a naval ship. The
                                             this AD.                                                   (3) The following service information was
                                                                                                     approved for IBR on May 21, 2018.                     intended effect of this rule is to warn
                                             (l) Credit for Previous Actions                            (i) Boeing Service Bulletin MD11–28–126,           mariners in waters where 72 COLREGS
                                                (1) This paragraph provides credit for               Revision 6, dated July 1, 2016.                       apply.
                                             actions required by paragraph (g) of this AD,              (ii) Reserved.                                     DATES: This rule is effective April 16,
                                             if those actions were performed before March               (4) The following service information was          2018 and is applicable beginning April
                                             26, 2014 (the effective date of AD 2014–03–             approved for IBR on March 26, 2014 (79 FR
                                                                                                     9392, February 19, 2014).                             3, 2018.
                                             07), using the service information specified
                                             in paragraph (l)(1)(i) or (l)(1)(ii) of this AD.           (i) Boeing Service Bulletin MD11–28–126,           FOR FURTHER INFORMATION CONTACT:
                                                (i) Boeing Service Bulletin MD11–28–126,             Revision 4, dated November 29, 2011.                  Lieutenant Commander Kyle Fralick,
                                             Revision 2, dated November 18, 2010.                       (ii) Reserved.                                     JAGC, U.S. Navy, Admiralty Attorney,
                                                (ii) Boeing Service Bulletin MD11–28–126,               (5) The following service information was          (Admiralty and Maritime Law), Office of
                                             Revision 3, dated June 3, 2011.                         approved for IBR on February 4, 2010 (74 FR
                                                                                                     69249, December 31, 2009).                            the Judge Advocate General, Department
                                                (2) This paragraph provides credit for
                                             actions required by paragraph (h) of this AD,              (i) Boeing Service Bulletin MD11–28–126,           of the Navy, 1322 Patterson Ave. SE,
                                             if those actions were performed before March            Revision 1, dated June 18, 2009.                      Suite 3000, Washington Navy Yard, DC
                                             26, 2014 (the effective date of AD 2014–03–                (ii) Reserved.                                     20374–5066, telephone number: 202–
                                             07), using Boeing Service Bulletin MD11–28–                (6) For service information identified in          685–5040.
                                             126, Revision 3, dated June 3, 2011.                    this AD, contact Boeing Commercial
                                                                                                                                                           SUPPLEMENTARY INFORMATION: Pursuant
                                                                                                     Airplanes, Attention: Contractual & Data
                                             (m) Alternative Methods of Compliance                   Services (C&DS), 2600 Westminster Blvd.,              to the authority granted in 33 U.S.C.
                                             (AMOCs)                                                 MC 110–SK57, Seal Beach, CA 90740;                    1605, the DoN amends 32 CFR part 706.
                                               (1) The Manager, Los Angeles ACO Branch,              telephone 562–797–1717; internet https://                This amendment provides notice that
                                             FAA, has the authority to approve AMOCs                 www.myboeingfleet.com.                                the DAJAG (Admiralty and Maritime
                                             for this AD, if requested using the procedures             (7) You may view this service information          Law), under authority delegated by the
                                             found in 14 CFR 39.19. In accordance with               at the FAA, Transport Standards Branch,
                                             14 CFR 39.19, send your request to your
                                                                                                                                                           Secretary of the Navy, has certified that
                                                                                                     2200 South 216th St., Des Moines, WA. For             USS WICHITA(LCS 13) is a vessel of the
                                             principal inspector or local Flight Standards           information on the availability of this
                                             District Office, as appropriate. If sending             material at the FAA, call 206–231–3195.
                                                                                                                                                           Navy which, due to its special
                                             information directly to the manager of the                 (8) You may view this service information          construction and purpose, cannot fully
                                             certification office, send it to the attention of       that is incorporated by reference at the              comply with the following specific
                                             the person identified in paragraph (n)(1) of            National Archives and Records                         provisions of 72 COLREGS without
                                             this AD. Information may be emailed to:                 Administration (NARA). For information on             interfering with its special function as a
                                             9ANM-LAACO-AMOC-Requests@faa.gov.                       the availability of this material at NARA, call       naval ship: Annex I paragraph 2(a)(i),
                                               (2) Before using any approved AMOC,                   202–741–6030, or go to: http://
                                             notify your appropriate principal inspector,
                                                                                                                                                           pertaining to the height of the forward
                                                                                                     www.archives.gov/federal-register/cfr/ibr-            masthead light above the hull and
                                             or lacking a principal inspector, the manager           locations.html.
                                             of the local flight standards district office/                                                                Annex I; and paragraph 3(a), pertaining
                                             certificate holding district office.                      Issued in Des Moines, Washington, on                to the location of the forward masthead
                                               (3) An AMOC that provides an acceptable               March 29, 2018.                                       light in the forward quarter of the ship,
                                             level of safety may be used for any repair,             Chris Spangenberg,                                    and the horizontal distance between the
                                             modification, or alteration required by this            Acting Director, System Oversight Division,           forward and after masthead light. The
                                             AD if it is approved by the Boeing                      Aircraft Certification Service.                       DAJAG (Admiralty and Maritime Law)
                                             Commercial Airplanes Organization
                                             Designation Authorization (ODA) that has                [FR Doc. 2018–07638 Filed 4–13–18; 8:45 am]           has also certified that the lights
                                             been authorized by the Manager, Los Angeles             BILLING CODE 4910–13–P                                involved are located in closest possible
                                             ACO Branch, to make those findings. To be                                                                     compliance with the applicable 72
                                             approved, the repair method, modification                                                                     COLREGS requirements.
                                             deviation, or alteration deviation must meet            DEPARTMENT OF DEFENSE                                    Moreover, it has been determined, in
                                             the certification basis of the airplane, and the                                                              accordance with 32 CFR parts 296 and
                                             approval must specifically refer to this AD.            Department of the Navy                                701, that publication of this amendment
                                               (4) AMOCs approved previously for AD
                                             2014–03–07 are approved as AMOCs for the
                                                                                                                                                           for public comment prior to adoption is
                                             corresponding provisions of this AD.                    32 CFR Part 706                                       impracticable, unnecessary, and
                                                                                                                                                           contrary to public interest since it is
                                             (n) Related Information                                 Certifications and Exemptions Under                   based on technical findings that the
                                               (1) For more information about this AD,               the International Regulations for                     placement of lights on this vessel in a
                                             contact Samuel Lee, Aerospace Engineer,                 Preventing Collisions at Sea, 1972                    manner differently from that prescribed
daltland on DSKBBV9HB2PROD with RULES




                                             Propulsion Section, FAA, Los Angeles ACO                                                                      herein will adversely affect the vessel’s
                                             Branch, 3960 Paramount Boulevard,                       AGENCY:    Department of the Navy, DoD.
                                             Lakewood, CA 90712–4137; phone: 562–627–                ACTION:   Final rule.                                 ability to perform its military functions.
                                             5262; fax: 562–627–5210; email: samuel.lee@                                                                   List of Subjects in 32 CFR Part 706
                                             faa.gov.                                                SUMMARY:  The Department of the Navy
                                               (2) Service information identified in this            (DoN) is amending its certifications and                Marine safety, Navigation (water),
                                             AD that is not incorporated by reference is             exemptions under the International                    Vessels.


                                        VerDate Sep<11>2014   16:07 Apr 13, 2018   Jkt 244001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\16APR1.SGM   16APR1


                                                                       Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Rules and Regulations                                                                                    16199

                                                For the reasons set forth in the                                     PART 706—CERTIFICATIONS AND                                              ■ a. In Table One, adding, in alpha
                                             preamble, the DoN amends part 706 of                                    EXEMPTIONS UNDER THE                                                     numerical order, by vessel number, an
                                             title 32 of the Code of Federal                                         INTERNATIONAL REGULATIONS FOR                                            entry for USS WICHITA (LCS 13); and
                                             Regulations as follows:                                                 PREVENTING COLLISIONS AT SEA,                                            ■ b. In Table Five, adding, in alpha
                                                                                                                     1972                                                                     numerical order, by vessel number, an
                                                                                                                                                                                              entry for USS WICHITA (LCS 13).
                                                                                                                     ■ 1. The authority citation for part 706                                   The additions read as follows:
                                                                                                                     continues to read as follows:                                            § 706.2 Certifications of the Secretary of
                                                                                                                         Authority: 33 U.S.C. 1605.                                           the Navy Under Executive Order 11964 and
                                                                                                                                                                                              33 U.S.C. 1605.
                                                                                                                     ■   2. Section 706.2 is amended by:                                      *       *    *        *          *

                                                                                                                                              TABLE ONE
                                                                                                                                                                                                                            Distance in meters of
                                                                                                                                                                                                                              forward masthead
                                                                                                                   Vessel                                                                              Number               light below minimum
                                                                                                                                                                                                                               required height.
                                                                                                                                                                                                                              § 2(a)}{i} Annex I


                                                    *                           *                                 *                                 *                                *                          *                         *
                                             USS WICHITA ..........................................................................................................................................   LCS 13                        6.0

                                                          *                              *                               *                             *                              *                         *                         *


                                                                                                                                              TABLE FIVE
                                                                                                                                                                                                                 After mast-
                                                                                                                                                        Masthead                        Forward                    head light
                                                                                                                                                         lights not                  masthead light             less than 1⁄2          Percentage
                                                                                                                                                       over all other                not in forward             ship’s length           horizontal
                                                                               Vessel                                             Number                lights and                     quarter of               aft of forward         separation
                                                                                                                                                       obstructions.                 ship. annex I,                masthead              attained
                                                                                                                                                          annex I,                     sec. 3(a)                 light. annex
                                                                                                                                                          sec. 2(f)                                               I, sec. 3(a)


                                                    *                            *                                *                                    *                              *                         *                         *
                                             USS WICHITA ..............................................................         LCS 13                                                        X                         X                     23

                                                          *                              *                               *                             *                              *                         *                         *



                                               Approved: April 3, 2018.                                              ACTION:       Final rule.                                                encompasses entirely the language
                                             C.J. Spain,                                                                                                                                      found in 32 CFR part 734. Furthermore,
                                             Deputy Assistant Judge Advocate General                                 SUMMARY:   This final rule removes the                                   5 CFR part 581 is a more thorough
                                             (Admiralty and Maritime Law), Acting.                                   DoD’s regulation concerning                                              regulation; for example, 5 CFR part 581
                                               Dated: April 6, 2018.                                                 garnishment of pay of Naval military                                     contains a definitions section and a
                                             E.K. Baldini,
                                                                                                                     and civilian personnel and collection of                                 provision identifying which moneys are
                                                                                                                     child support and alimony. It has been                                   subject to garnishment.
                                             Lieutenant Commander, Judge Advocate
                                             General’s Corps, U.S. Navy, Federal Register
                                                                                                                     determined that this rule is duplicative
                                                                                                                     of 5 CFR part 581, ‘‘Processing                                             Garnishment operations and their
                                             Liaison Officer.
                                                                                                                     Garnishment Orders for Child Support                                     underlying processes will remain
                                             [FR Doc. 2018–07912 Filed 4–13–18; 8:45 am]
                                                                                                                     and/or Alimony.’’ Therefore, this rule                                   unaffected by this regulatory action. In
                                             BILLING CODE 3810–FF–P
                                                                                                                     can be removed from the CFR.                                             addition, no requirement for paperwork
                                                                                                                     DATES: This rule is effective on April 16,                               or procedures are set forth in 32 CFR
                                             DEPARTMENT OF DEFENSE                                                   2018.                                                                    part 734 that are not covered in 5 CFR
                                                                                                                                                                                              part 581.
                                                                                                                     FOR FURTHER INFORMATION CONTACT: CDR
                                             Department of the Navy                                                  Amanda Myers, 703–697–1311.                                                 This rule is not significant under
                                                                                                                     SUPPLEMENTARY INFORMATION: It has been
                                                                                                                                                                                              Executive Order (E.O.) 12866,
                                             32 CFR Part 734                                                                                                                                  ‘‘Regulatory Planning and Review,’’
                                                                                                                     determined that publication of this CFR
                                             [Docket ID: USN–2017–HQ–0007]                                           part removal for public comment is                                       therefore, E.O. 13771, ‘‘Reducing
                                                                                                                     impracticable, unnecessary, and                                          Regulation and Controlling Regulatory
daltland on DSKBBV9HB2PROD with RULES




                                             RIN 0703–AA97                                                           contrary to public interest since it is                                  Costs’’ does not apply.
                                                                                                                     based on removing a duplicative CFR                                      List of Subjects in 32 CFR Part 734
                                             Garnishment of Pay of Naval Military
                                                                                                                     part.
                                             and Civilian Personnel for Collection of
                                             Child Support and Alimony                                                 Both 5 CFR part 581 and 32 CFR part                                     Alimony, Child support, Claims,
                                                                                                                     734 derive their authority from 42                                       Military personnel, Wages.
                                             AGENCY:       Department of the Navy, DoD.                              U.S.C. 659, and 5 CFR part 581


                                        VerDate Sep<11>2014        16:07 Apr 13, 2018        Jkt 244001      PO 00000        Frm 00015     Fmt 4700        Sfmt 4700     E:\FR\FM\16APR1.SGM           16APR1



Document Created: 2018-04-14 02:19:34
Document Modified: 2018-04-14 02:19:34
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 April 16, 2018 and is applicable beginning April 3, 2018.
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 Citation83 FR 16198 
CFR AssociatedMarine Safety; Navigation (water) and Vessels

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR