83 FR 26210 - 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 109 (June 6, 2018)
Department of the Navy
Federal Register Volume 83, Issue 109 (June 6, 2018)
| Page Range | 26210-26212 | |
| FR Document | 2018-12136 |
[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)] [Rules and Regulations] [Pages 26210-26212] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12136] ======================================================================= ----------------------------------------------------------------------- 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 CHARLESTON (LCS 18) 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 June 6, 2018 and is applicable beginning May 24, 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 CHARLESTON (LCS 18) 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 [[Page 26211]] 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 visibility of the middle task 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. 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 CHARLESTON (LCS 18); 0 b. In Table Four: 0 i. Under paragraph 15, adding, in alpha numerical order, by vessel number, an entry for USS CHARLESTON (LCS 18); 0 ii. Under paragraph 16, adding, in alpha numerical order, by vessel number, an entry for USS CHARLESTON (LCS 18); and 0 iii. Under paragraph 27, adding, in alpha numerical order, by vessel number, an entry for USS CHARLESTON (LCS 18); and 0 c. In Table Five, adding, in alpha numerical order, by vessel number, an entry for USS CHARLESTON (LCS 18). 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 below minimum Vessel Number required height Sec. 2(a)(i) Annex I ------------------------------------------------------------------------ * * * * * * * USS CHARLESTON................. LCS 18........... 4.2 * * * * * * * ------------------------------------------------------------------------ * * * * * Table Four * * * * * 15. * * * ---------------------------------------------------------------------------------------------------------------- Horizontal distances from the fore and Vessel Number aft centerline of the vessel in the athwartship direction ---------------------------------------------------------------------------------------------------------------- * * * * * * * USS CHARLESTON........................... LCS 18...................... Upper-0.20 meters. Middle-1.3 meters. Lower-1.3 meters. ---------------------------------------------------------------------------------------------------------------- * * * * * 16. * * * ---------------------------------------------------------------------------------------------------------------- Obstruction angle relative ship's Vessel Number headings ---------------------------------------------------------------------------------------------------------------- [[Page 26212]] * * * * * * * USS CHARLESTON........................... LCS 18...................... 72[deg] thru 74[deg]. 286[deg] thru 288[deg]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * 27. * * * ---------------------------------------------------------------------------------------------------------------- Vessel Number Obstruction angle relative ship heading ---------------------------------------------------------------------------------------------------------------- * * * * * * * USS CHARLESTON........................... LCS 18...................... 47[deg] thru 59[deg]. 301[deg] thru 313[deg]. ---------------------------------------------------------------------------------------------------------------- Table Five -------------------------------------------------------------------------------------------------------------------------------------------------------- After mast-head Masthead lights Forward masthead light less than \1/ Percentage not over all other light not in 2\ ship's length horizontal Vessel Number lights and forward quarter of aft of forward separation obstructions. ship. annex I, masthead light. attained annex I, sec. 2(f) sec. 3(a) annex I, sec. 3(a) -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * USS CHARLESTON......................... LCS 18......................... .................. X X 15.2 * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- Approved: May 24, 2018. Christopher J. Spain, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law), Acting. Dated: May 31, 2018. E.K. Baldini, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2018-12136 Filed 6-5-18; 8:45 am] BILLING CODE 3810-FF-P
![26210 Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Rules and Regulations
J. Preemption PART 1220—SAFETY STANDARD FOR (14) Do not comply with section 9.3.2
NON-FULL-SIZE BABY CRIBS through 9.3.2.4 of ASTM F406–17.
Section 26(a) of the CPSA, 15 U.S.C.
2075(a), provides that where a ■ 1. The authority citation for part 1220 Alberta E Mills,
‘‘consumer product safety standard is revised to read as follows: Secretary, U.S. Consumer Product Safety
under [the Consumer Product Safety Act Commission.
Authority: Sec. 104, Pub. L. 110–314, 122
(CPSA)]’’ is in effect and applies to a [FR Doc. 2018–12021 Filed 6–5–18; 8:45 am]
Stat. 3016 (August 14, 2008); Sec. 3, Pub. L.
product, no state or political 112–28, 125 Stat. 273 (August 12, 2011). BILLING CODE 6355–01–P
subdivision of a state may either
■ 2. Revise § 1220.2 to read as follows:
establish or continue in effect a
requirement dealing with the same risk § 1220.2 Requirements for non-full-size DEPARTMENT OF DEFENSE
of injury, unless the state requirement is baby cribs.
Department of the Navy
identical to the federal standard. Section (a) Except as provided in paragraph
26(c) of the CPSA also provides that (b) of this section, each non-full-size
32 CFR Part 706
states or political subdivisions of states baby crib shall comply with all
may apply to the Commission for an applicable provisions of ASTM F406– Certifications and Exemptions Under
exemption from this preemption under 17, Standard Consumer Safety the International Regulations for
certain circumstances. Specification for Non-Full-Size Baby Preventing Collisions at Sea, 1972
Cribs/Play Yards, approved December 1,
The Danny Keysar Child Product 2017. The Director of the Federal AGENCY: Department of the Navy, DoD.
Safety Notification Act (at section Register approves the incorporation by ACTION: Final rule.
104(b)(1)(B) of the CPSIA) refers to the reference listed in this section in
rules to be issued under that section as accordance with 5 U.S.C. 552(a) and 1 SUMMARY: The Department of the Navy
‘‘consumer product safety standards,’’ CFR part 51. You may obtain a copy of (DoN) is amending its certifications and
thus, implying that the preemptive this ASTM standard from ASTM exemptions under the International
effect of section 26(a) of the CPSA International, 100 Barr Harbor Drive, Regulations for Preventing Collisions at
would apply. Therefore, a rule issued P.O. Box C700, West Conshohocken, PA Sea, 1972 (72 COLREGS), to reflect that
under section 104 of the CPSIA will 19428–2959 USA; phone: 610–832– the Deputy Assistant Judge Advocate
invoke the preemptive effect of section 9585; http://www.astm.org/. You may General (DAJAG) (Admiralty and
26(a) of the CPSA when it becomes inspect a copy at the Office of the Maritime Law) has determined that USS
effective. Secretary, U.S. Consumer Product CHARLESTON (LCS 18) is a vessel of
Safety Commission, Room 820, 4330 the Navy which, due to its special
K. Effective Date East-West Highway, Bethesda, MD construction and purpose, cannot fully
20814, telephone 301–504–7923, or at comply with certain provisions of the 72
Under the procedure set forth in COLREGS without interfering with its
section 104(b)(4)(B) of the CPSIA, when the National Archives and Records
Administration (NARA). For special function as a naval ship. The
a voluntary standard organization intended effect of this rule is to warn
revises a standard upon which a information on the availability of this
material at NARA, call 202–741–6030, mariners in waters where 72 COLREGS
consumer product safety standard apply.
or go to: https://www.archives.gov/
issued under the Danny Keysar Child DATES: This rule is effective June 6, 2018
federal-register/cfr/ibr-locations.html.
Product Safety Notification Act was (b) Comply with the ASTM F406–17 and is applicable beginning May 24,
based, the revision becomes the CPSC standard with the following exclusions: 2018.
standard within 180 days of notification (1) Do not comply with sections 5.6.2 FOR FURTHER INFORMATION CONTACT:
to the Commission, unless the through 5.6.2.4 of ASTM F406–17. Lieutenant Commander Kyle Fralick,
Commission determines that the (2) Do not comply with section 5.16.2 JAGC, U.S. Navy, Admiralty Attorney,
revision does not improve the safety of of ASTM F406–17. (Admiralty and Maritime Law), Office of
the product, or the Commission sets a (3) Do not comply with sections 5.19 the Judge Advocate General, Department
later date in the Federal Register. The through 5.19.2.2 of ASTM F406–17. of the Navy, 1322 Patterson Ave. SE,
Commission has not set a different (4) Do not comply with section 7, Suite 3000, Washington Navy Yard, DC
effective date. Thus, in accordance with Performance Requirements for Mesh/ 20374–5066, telephone number: 202–
this provision, this rule takes effect 180 Fabric Products of ASTM F406–17. 685–5040.
days after we received notification from (5) Do not comply with sections 8.11
SUPPLEMENTARY INFORMATION: Pursuant
ASTM of revisions to these standards. through 8.11.2.4 of ASTM F406–17.
(6) Do not comply with sections 8.12 to the authority granted in 33 U.S.C.
As discussed in the preceding section, 1605, the DoN amends 32 CFR part 706.
through 8.12.2.2. of ASTM F406–17.
this is a direct final rule. Unless we (7) Do not comply with sections 8.14 This amendment provides notice that
receive a significant adverse comment through 8.14.2 of ASTM F406–17. the DAJAG (Admiralty and Maritime
within 30 days, the rule will become (8) Do not comply with sections 8.15 Law), under authority delegated by the
effective on September 10, 2018. through 8.15.3.3. of ASTM F406–17. Secretary of the Navy, has certified that
(9) Do not comply with section 8.16 USS CHARLESTON (LCS 18) is a vessel
List of Subjects in 16 CFR Part 1220 of the Navy which, due to its special
through 8.16.3 of ASTM F406–17.
Consumer protection, Imports, (10) Do not comply with sections 8.28 construction and purpose, cannot fully
comply with the following specific
daltland on DSKBBV9HB2PROD with RULES
Incorporation by reference, Infants and through 8.28.4 of ASTM F406–17.
children, Law enforcement, Safety, (11) Do not comply with sections 8.29 provisions of 72 COLREGS without
Toys. through 8.29.3 of ASTM F406–17. interfering with its special function as a
(12) Do not comply with sections 8.30 naval ship: Annex I paragraph 2 (a)(i),
For the reasons stated above, the through 8.30.5 of ASTM F406–17. pertaining to the height of the forward
Commission amends title 16 CFR (13) Do not comply with section 8.31 masthead light above the hull; Annex I,
chapter II as follows: through 8.31.9 of ASTM F406–17. paragraph 2(f)(i), pertaining to the
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![26212 Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Rules and Regulations
Obstruction angle
Vessel Number relative ship’s
headings
* * * * * * *
USS CHARLESTON ............................................................. LCS 18 .................................................................................. 72° thru 74°.
286° thru 288°.
* * * * * * *
* * * * * 27. * * *
Obstruction angle
Vessel Number relative ship heading
* * * * * * *
USS CHARLESTON ............................................................. LCS 18 .................................................................................. 47° thru 59°.
301° thru 313°.
TABLE FIVE
After
mast-head
Masthead Forward light less
lights not over all Percentage
masthead than 1⁄2 ship’s
other lights and horizontal
Vessel Number light not in forward length aft of
obstructions. separation
quarter of ship. forward
annex I, attained
annex I, sec. 3(a) masthead
sec. 2(f) light. annex I,
sec. 3(a)
* * * * * * *
USS CHARLESTON .................................. LCS 18 ............. .............................. X X 15.2
* * * * * * *
Approved: May 24, 2018. Fuca and Puget Sound, in Washington. B. Small Entities
Christopher J. Spain, This rulemaking is required to make the C. Assistance for Small Entities
Code of Federal Regulations consistent D. Collection of Information
Deputy Assistant Judge Advocate General
E. Federalism
(Admiralty and Maritime Law), Acting. with statute, and is related to the Coast F. Unfunded Mandates Reform Act
Dated: May 31, 2018. Guard’s maritime stewardship G. Taking of Private Property
E.K. Baldini, (environmental protection) mission. H. Civil Justice Reform
Lieutenant Commander, Judge Advocate DATES: This final rule is effective July 6, I. Protection of Children
General’s Corps, U.S. Navy, Federal Register 2018. J. Indian Tribal Governments
Liaison Officer. K. Energy Effects
ADDRESSES: Documents mentioned in
L. Technical Standards
[FR Doc. 2018–12136 Filed 6–5–18; 8:45 am] this preamble as being available in the M. Environment
BILLING CODE 3810–FF–P docket are part of docket USCG–2011–
0576, which is available at http:// I. Abbreviations
www.regulations.gov. BLS Bureau of Labor Statistics
DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: If CGAA 2010 Coast Guard Authorization Act
SECURITY of 2010 (Pub. L. 111–281, 124 Stat. 2905,
you have questions on this rule, call or Oct. 15, 2010)
email Mr. Christopher Friese, CG–MER– CGAA 2015 Coast Guard Authorization Act
Coast Guard
1, Coast Guard; telephone 202–372– of 2015 (Pub. L. 114–120, 130 Stat. 27, Feb.
1227, email Christopher.R.Friese@ 8, 2016)
33 CFR Part 155 CFR Code of Federal Regulations
uscg.mil.
[Docket No. USCG–2011–0576] COMDTINST Commandant Instruction
SUPPLEMENTARY INFORMATION: CRF Capital recovery factor
RIN 1625–AB75 FR Federal Register
Table of Contents for Preamble
GSA General Services Administration
Higher Volume Port Area–State of I. Abbreviations HVPA Higher volume port area
Washington II. Basis and Purpose MISLE Marine Information for Safety and
daltland on DSKBBV9HB2PROD with RULES
III. Regulatory History Law Enforcement
AGENCY: Coast Guard, DHS. IV. Background NAICS North American Industry
ACTION: Final rule. V. Discussion of Comments on the Notice of Classification System
Proposed Rulemaking NPRM Notice of proposed rulemaking
SUMMARY: The Coast Guard is redefining VI. Discussion of the Rule NSFCC National Strike Force Coordination
the boundaries of the existing higher VII. Regulatory Analyses Center
volume port area in the Strait of Juan de A. Regulatory Planning and Review OMB Office of Management and Budget
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Document Created: 2018-06-06 00:54:08
Document Modified: 2018-06-06 00:54:08
| 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 June 6, 2018 and is applicable beginning May 24, 2018. | |
| 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. | |
| FR Citation | 83 FR 26210 | |
| CFR Associated | Marine Safety; Navigation (water) and Vessels |
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