83 FR 52768 - 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 202 (October 18, 2018)
Department of the Navy
Federal Register Volume 83, Issue 202 (October 18, 2018)
| Page Range | 52768-52770 | |
| FR Document | 2018-22730 |
[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)] [Rules and Regulations] [Pages 52768-52770] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22730] ======================================================================= ----------------------------------------------------------------------- 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 (DoN), Department of Defense (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 BILLINGS (LCS 15) 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. [[Page 52769]] DATES: This rule is effective October 18, 2018 and is applicable beginning October 5, 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 BILLINGS (LCS 15) 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 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). 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 BILLINGS (LCS 15); and 0 b. In Table Five, adding, in alpha numerical order, by vessel number, an entry for USS BILLINGS (LCS 15). 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 No. below minimum required height Sec. 2(a)(i) annex I ------------------------------------------------------------------------ * * * * * * * USS BILLINGS...................... (LCS 15)........... 5.9 * * * * * * * ------------------------------------------------------------------------ * * * * * Table Five -------------------------------------------------------------------------------------------------------------------------------------------------------- After mast-head Forward light less than masthead light \1/2\ ship's Percentage Masthead lights not over all not in forward length aft of horizontal Vessel No. other lights and obstructions quarter of ship forward separation annex I, sec. 2(f) annex I, sec. masthead light attained 3(a) annex I, sec. 3(a) -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * USS BILLINGS............................. (LCS 15).................. .............................. X X 23 * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 52770]] Approved: October 15, 2018. A.S. Janin, Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law). Dated: October 15, 2018. Meredith Steingold Werner, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2018-22730 Filed 10-17-18; 8:45 am] BILLING CODE 3810-FF-P
![52768 Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations
Treasury to monitor the impact of issuing a public announcement and ■ 2. Amend § 420.3 by revising the
concentrations of positions.6 Since the subsequently publishing the notice in second sentence of paragraph (a) and
rules became effective in 1997, Treasury the Federal Register. revising paragrphs (h), (i), and (j) to read
has conducted 16 large position report Specifically, the technical as follows:
calls. amendments replace references to
§ 420.3 Reporting.
B. Who Is Subject to the LPR Rules ‘‘press release’’ with ‘‘public
announcement;’’ provide the option for (a) * * * Treasury will provide notice
Treasury’s LPR Rules apply to all Treasury to specify in its public of the large position thresholds by
foreign and domestic persons and announcement that reports can be issuing a public announcement and
entities that control a reportable submitted to Treasury directly; and subsequently publishing the notice in
position in a Treasury security, provide the option for Treasury to the Federal Register. * * *
including but not limited to: specify in its public announcement how * * * * *
Government securities brokers and reports are to be submitted by removing (h) The report must be filed before
dealers; registered investment references to ‘‘facsimile’’ and ‘‘delivered noon Eastern Time on the fourth
companies; registered investment hard copy.’’ business day following issuance of a
advisers; custodians, including public announcement.
depository institutions that exercise III. Special Analyses
(i) A report to be filed pursuant to
investment discretion; hedge funds; Executive Orders 13563 and 12866 paragraph (c) of this section will be
pension funds; insurance companies; direct agencies to assess costs and considered filed when received by
and foreign affiliates of U.S. entities. benefits of available regulatory Treasury or the Federal Reserve Bank of
Central banks (including U.S. Federal alternatives and, if regulation is New York according to the instructions
Reserve Banks for their own account), necessary, to select regulatory provided in the public announcement.
foreign governments, and international approaches that maximize net benefits (j) A reporting entity that has filed a
monetary authorities may voluntarily (including potential economic, report pursuant to paragraph (c) of this
submit large position reports when they environmental, public health and safety section shall, at the request of Treasury,
meet or exceed a reporting threshold. effects, distributive impacts, and or the Federal Reserve Bank of New
C. The Existing Large Position Report equity). Executive Order 13563 York at the direction of Treasury, timely
Submission Process emphasizes the importance of provide any supplemental information
Under the current LPR Rules, reports quantifying both costs and benefits, of pertaining to such report.
are required to be filed by facsimile (fax) reducing costs, of harmonizing rules, * * * * *
or delivered by hardcopy to FRBNY. A and of promoting flexibility. This rule is
not a significant regulatory action for Brian Smith,
report is considered filed when received
purposes of Executive Order 12866. Deputy Assistant Secretary for Federal
by FRBNY. Reporting entities typically Finance.
have three and one-half business days to This final rule is procedural in nature
under 5 U.S.C. 553(b)(A) and therefore [FR Doc. 2018–22732 Filed 10–17–18; 8:45 am]
submit reports, and most reports are
filed by fax with FRBNY. Following prior notice and comment procedures BILLING CODE 4810–AS–P
previous calls for large position reports, are not required. In addition, because
many reporting entities have the final rule makes no substantive
commented that it is difficult to find change to the existing rules and imposes DEPARTMENT OF DEFENSE
functional fax machines and would no additional requirements, we find
prefer an alternate means of submission. under 5 U.S.C. 553(b)(B) that there is Department of the Navy
In response to this feedback, Treasury is good cause that notice and public
currently exploring alternate options for procedures are unnecessary, and that 32 CFR Part 706
the submission of reports. the rule can be issued in final form.
Because no notice of proposed Certifications and Exemptions Under
II. Technical Amendments to the LPR rulemaking is required, the provisions the International Regulations for
Rules of the Regulatory Flexiblity Act (5 Preventing Collisions at Sea, 1972
These technical amendments make no U.S.C. 601 et seq.) do not apply. These AGENCY: Department of the Navy (DoN),
substantive changes to the LPR Rules. amendments reflect Treasury’s Department of Defense (DoD).
They are designed to provide Treasury continuing interest in meeting its
ACTION: Final rule.
with the flexibility to specify in its informational needs while minimizing
notice requesting large position reports the cost and burden on those entities SUMMARY: The Department of the Navy
where and how reports are to be filed. affected by the regulations. (DoN) is amending its certifications and
These amendments will also provide exemptions under the International
Treasury with the added flexibility to List of Subjects in 17 CFR Part 420
Regulations for Preventing Collisions at
consider alternate means of submission, Banks, Banking, Brokers, Government Sea, 1972 (72 COLREGS), to reflect that
which may further reduce the burden on securities, Reporting and recordkeeping the Deputy Assistant Judge Advocate
reporting entities. Treasury will provide requirements. General (DAJAG) (Admiralty and
notice of a request for reports, and how For the reasons stated in the Maritime Law) has determined that USS
the reports are to be delivered, by preamble, 17 CFR part 420 is amended BILLINGS (LCS 15) is a vessel of the
as follows: Navy which, due to its special
khammond on DSK30JT082PROD with RULES
information required to be kept or reported for large
position reporting. In particular, the GSA exempts
construction and purpose, cannot fully
such information from disclosure under the PART 420—LARGE POSITION comply with certain provisions of the 72
Freedom of Information Act. See 15 U.S.C. 78o– REPORTING COLREGS without interfering with its
5(f)(6). special function as a naval ship. The
6 Under current rules, this information is also
■ 1. The authority citation for part 420 intended effect of this rule is to warn
made available to the Federal Reserve Bank of New continues to read as follows;
York (FRBNY), as Treasury’s agent, and the SEC. mariners in waters where 72 COLREGS
See 15 U.S.C. 78o–5(f)(1). Authority: 15 U.S.C. 78o–5(f). apply.
VerDate Sep<11>2014 15:53 Oct 17, 2018 Jkt 247001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\18OCR1.SGM 18OCR1](https://thefederalregister.org/doc/83_FR_52970/page/1.svg)
![52770 Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations
Approved: October 15, 2018. Guard; telephone 619–278–7656, email 2018. The special local regulation will
A.S. Janin, D11MarineEventsSD@uscg.mil. cover all navigable waters of the San
Captain, JAGC, U.S. Navy, Deputy Assistant SUPPLEMENTARY INFORMATION: Diego Bay bound landward of a line by
Judge Advocate, General (Admiralty and coordinates starting west at 32°43.033′
Maritime Law). I. Table of Abbreviations N and 117°12.792′ W and proceeding
Dated: October 15, 2018. CFR Code of Federal Regulations east to 32°43.166′ N and 117°12.266′ W,
Meredith Steingold Werner, DHS Department of Homeland Security proceeding east to 32°43.166′ N and
FR Federal Register 117°11.633′ W, and ending at 32°43.100′
Lieutenant Commander, Judge Advocate NPRM Notice of proposed rulemaking
General’s Corps, U.S. Navy, Federal Register N and 117°11.300′ W. The purpose of
§ Section this rule is to ensure safety of
Liaison Officer. U.S.C. United States Code
[FR Doc. 2018–22730 Filed 10–17–18; 8:45 am]
participants, vessels and the navigable
II. Background Information and waters in the regulated area before,
BILLING CODE 3810–FF–P
Regulatory History during, and after the scheduled event.
Persons and vessels will be prohibited
The Coast Guard is issuing this from anchoring, blocking, loitering, or
DEPARTMENT OF HOMELAND temporary rule without prior notice and impeding within this regulated
SECURITY opportunity to comment pursuant to waterway unless authorized by the
authority under section 4(a) of the COTP, or his designated representative,
Coast Guard Administrative Procedure Act (APA) (5 during the specified dates and times.
U.S.C. 553(b)). This provision Additionally, movement of all vessels
33 CFR Part 100 authorizes an agency to issue a rule within the regulated area and entry of
[Docket Number USCG–2018–0869] without prior notice and opportunity to all vessels into the regulated area will be
comment when the agency for good restricted. The Coast Guard will publish
RIN 1625–AA08 cause finds that those procedures are information on the event in the weekly
‘‘impracticable, unnecessary, or contrary LNM.
Special Local Regulation; San Diego to the public interest.’’ Under 5 U.S.C.
Bay, San Diego, CA 553(b)(B), the Coast Guard finds that V. Regulatory Analyses
AGENCY: Coast Guard, DHS. good cause exists for not publishing a We developed this rule after
ACTION: Temporary final rule.
notice of proposed rulemaking (NPRM) considering numerous statutes and
with respect to this rule because doing Executive orders related to rulemaking.
SUMMARY: The Coast Guard is so would be impracticable. Due to the Below we summarize our analyses
establishing a temporary special local timing of the event, we are unable to based on a number of these statutes and
regulation for navigable waters of the issue a NPRM before the event is Executive orders, and we discuss First
San Diego Bay offshore of Harbor Island scheduled. Amendment rights of protestors.
bound landward of a line by the Under 5 U.S.C. 553(d)(3), the Coast
following coordinates starting west at Guard finds that good cause exists for A. Regulatory Planning and Review
32°43.033′ N and 117°12.792′ W and making this rule effective less than 30 Executive Orders 12866 and 13563
proceeding east to 32°43.166′ N and days after publication in the Federal direct agencies to assess the costs and
117°12.266′ W, proceeding east to Register. This rule is necessary for the benefits of available regulatory
32°43.166′ N and 117°11.633′ W, and safety of life during the event on these alternatives and, if regulation is
ending at 32°43.100′ N and 117°11.300′ navigable waters. For the reasons above, necessary, to select regulatory
W. This special local regulation is including the timing of the event, it approaches that maximize net benefits.
necessary to provide for the safety of life would be impracticable to delay this Executive Order 13771 directs agencies
on navigable waters during the event. rule to provide a full 30 days’ notice. to control regulatory costs through a
This action will restrict vessel traffic in budgeting process. This rule has not
III. Legal Authority and Need for Rule
these waters of the San Diego Bay, from been designated a ‘‘significant
10:00 a.m. to 6:00 p.m. on October 17, The Coast Guard is issuing this rule regulatory action,’’ under Executive
2018 through October 21, 2018. under authority in 33 U.S.C. 1233, Order 12866. Accordingly, this rule has
which authorizes the Coast Guard to not been reviewed by the Office of
DATES: This rule is effective without
establish and define special local Management and Budget (OMB), and
actual notice from October 18, 2018
regulations. The COTP San Diego is pursuant to OMB guidance, it is exempt
until October 21, 2018. For the purposes
establishing a special local regulation from the requirements of Executive
of enforcement from 10 a.m. to 6 p.m.
for the waters of the San Diego Bay Order 13771.
daily, actual notice will be used from 10
bound landward of a line by coordinates This regulatory action determination
a.m. on October 17, 2018 until October
starting west at 32°43.033′ N and is based on size, location, duration, and
18, 2018.
117°12.792′ W and proceeding east to time-of-day of the special local
ADDRESSES: To view documents 32°43.166′ N and 117°12.266′ W, regulation. The Coast Guard will
mentioned in this preamble as being proceeding east to 32°43.166′ N and publish a LNM that details the vessel
available in the docket, go to http:// 117°11.633′ W, and ending at 32°43.100′ restrictions of the regulated area.
www.regulations.gov, type USCG–2018– N and 117°11.300′ W. The purpose of
0869 in the ‘‘SEARCH’’ box and click this rule is to ensure safety of B. Impact on Small Entities
‘‘SEARCH.’’ Click on Open Docket participants, vessels and the navigable The Regulatory Flexibility Act of
khammond on DSK30JT082PROD with RULES
Folder on the line associated with this waters in the regulated area before, 1980, 5 U.S.C. 601–612, as amended,
rule. during, and after the scheduled event. requires Federal agencies to consider
FOR FURTHER INFORMATION CONTACT: If the potential impact of regulations on
you have questions on this rule, call or IV. Discussion of the Rule small entities during rulemaking. The
email Lieutenant Junior Grade Briana This rule establishes a special local term ‘‘small entities’’ comprises small
Biagas, Waterways Management, U.S. regulation from 10:00 a.m. to 6:00 p.m. businesses, not-for-profit organizations
Coast Guard Sector San Diego, Coast on October 17, 2018 through October 21, that are independently owned and
VerDate Sep<11>2014 15:53 Oct 17, 2018 Jkt 247001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\18OCR1.SGM 18OCR1](https://thefederalregister.org/doc/83_FR_52970/page/3.svg)
Document Created: 2018-10-18 03:05:36
Document Modified: 2018-10-18 03:05:36
| 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 18, 2018 and is applicable | |
| Contact | Lieutenant Commander Kyle Fralick, | |
| FR Citation | 83 FR 52768 | |
| CFR Associated | Marine Safety and Navigation (Water) |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR