83_FR_5563 83 FR 5536 - Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972

83 FR 5536 - 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 27 (February 8, 2018)

Page Range5536-5537
FR Document2018-02554

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 THOMAS HUDNER (DDG 116) 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 27 (Thursday, February 8, 2018)
[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Rules and Regulations]
[Pages 5536-5537]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02554]


=======================================================================
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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 THOMAS HUDNER (DDG 116) 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 February 8, 2018 and is applicable 
beginning January 25, 2018.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Kyle Fralick, 
(Admiralty and Maritime Law), Office of the Judge Advocate General, 
Department of the Navy, 1322 Patterson Ave. SE, Suite 3000, Washington 
Navy Yard, DC 20374-5066, telephone 202-685-5040.

SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33 
U.S.C. 1605, the DoN amends 32 CFR part 706.
    This amendment provides notice that the DAJAG (Admiralty and 
Maritime Law), under authority delegated by the secretary of the Navy, 
has certified that USS THOMAS HUDNER (DDG 116) 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(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; Rule 23(a), the requirement to display a forward and aft 
masthead light underway, 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 lights; and Annex I, paragraph 3(c), pertaining to placement 
of task lights not less than two meters from the fore and aft 
centerline of the ship in the athwartship direction. 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:

    Authority: 33 U.S.C. 1605.


[[Page 5537]]



0
2. Section 706.2 is amended by:
0
a. In Table Four, paragraph 15, adding, in alpha numerical order, by 
vessel number, an entry for USS THOMAS HUDNER (DDG 116); and
0
b . In Table Five, by adding, in alpha numerical order, by vessel 
number, an entry for USS THOMAS HUDNER (DDG 116).
    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.

* * * * *
    15. * * *

                               Table Four
------------------------------------------------------------------------
                                                Horizontal distance from
                                                    the fore and aft
            Vessel                  Number      centerline of the vessel
                                                   in the athwartship
                                                        direction
------------------------------------------------------------------------
 
                              * * * * * * *
USS THOMAS HUDNER............  DDG 115........                     1.81
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

                                                                       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 THOMAS HUDNER......................  DDG 116........................                  X                   X                   X                14.5
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Approved: January 25, 2018.
A.S. Janin,
Captain, USN, JAGC, Deputy Assistant Judge Advocate, General (Admiralty 
and Maritime Law).
[FR Doc. 2018-02554 Filed 2-7-18; 8:45 am]
 BILLING CODE 3810-FF-P



                                              5536             Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations

                                              staff members do not have a usual home                  people experiencing homelessness—                     the Judge Advocate General, Department
                                              elsewhere, they are counted at the                      Counted at the residence where they                   of the Navy, 1322 Patterson Ave. SE,
                                              facility.                                               live and sleep most of the time. If they              Suite 3000, Washington Navy Yard, DC
                                                                                                      do not have a usual home elsewhere,                   20374–5066, telephone 202–685–5040.
                                              18. People in Transitory Locations
                                                                                                      they are counted at the soup kitchen or               SUPPLEMENTARY INFORMATION: Pursuant
                                                People at transitory locations such as                mobile food van location where they are               to the authority granted in 33 U.S.C.
                                              recreational vehicle (RV) parks,                        on Census Day.                                        1605, the DoN amends 32 CFR part 706.
                                              campgrounds, hotels and motels,                            (e) People who, on Census Day, are at                 This amendment provides notice that
                                              hostels, marinas, racetracks, circuses, or              targeted non-sheltered outdoor locations              the DAJAG (Admiralty and Maritime
                                              carnivals—Anyone, including staff                       where people experiencing                             Law), under authority delegated by the
                                              members, staying at the transitory                      homelessness stay without paying—                     secretary of the Navy, has certified that
                                              location is counted at the residence                    Counted at the outdoor location where                 USS THOMAS HUDNER (DDG 116) is a
                                              where they live and sleep most of the                   they are on Census Day.                               vessel of the Navy which, due to its
                                              time. If they do not have a usual home                     (f) People who, on Census Day, are                 special construction and purpose,
                                              elsewhere, or they cannot determine a                   temporarily displaced or experiencing                 cannot fully comply with the following
                                              place where they live most of the time,                 homelessness and are staying in a                     specific provisions of 72 COLREGS
                                              they are counted at the transitory                      residence for a short or indefinite period            without interfering with its special
                                              location.                                               of time—Counted at the residence                      function as a naval ship: Annex I,
                                                                                                      where they live and sleep most of the                 paragraph 2(f)(i), pertaining to the
                                              19. People in Workers’ Residential
                                                                                                      time. If they cannot determine a place                placement of the masthead light or
                                              Facilities
                                                                                                      where they live most of the time, they                lights above and clear of all other lights
                                                People in workers’ group living                       are counted where they are staying on                 and obstructions; Annex I, paragraph
                                              quarters and Job Corps Centers on                       Census Day.                                           2(f) (ii), pertaining to the vertical
                                              Census Day—Counted at the residence                                                                           placement of task lights; Rule 23(a), the
                                              where they live and sleep most of the                     Dated: February 1, 2018.
                                                                                                                                                            requirement to display a forward and aft
                                              time. If residents or staff members do                  Ron S. Jarmin,
                                                                                                                                                            masthead light underway, and Annex I,
                                              not have a usual home elsewhere, they                   Associate Director for Economic Programs,             paragraph 3(a), pertaining to the
                                              are counted at the facility.                            Performing the Non-Exclusive Functions and            location of the forward masthead light
                                                                                                      Duties of the Director, Bureau of the Census.
                                              20. People in Religious-Related                                                                               in the forward quarter of the ship, and
                                                                                                      [FR Doc. 2018–02370 Filed 2–7–18; 8:45 am]
                                              Residential Facilities                                                                                        the horizontal distance between the
                                                                                                      BILLING CODE 3510–07–P                                forward and after masthead lights; and
                                                People in religious group quarters,                                                                         Annex I, paragraph 3(c), pertaining to
                                              such as convents and monasteries, on                                                                          placement of task lights not less than
                                              Census Day—Counted at the facility.                     DEPARTMENT OF DEFENSE                                 two meters from the fore and aft
                                              21. People in Shelters and People                                                                             centerline of the ship in the athwartship
                                                                                                      Department of the Navy                                direction. The DAJAG (Admiralty and
                                              Experiencing Homelessness
                                                                                                                                                            Maritime Law) has also certified that the
                                                 (a) People in domestic violence                      32 CFR Part 706                                       lights involved are located in closest
                                              shelters on Census Day—People staying                                                                         possible compliance with the applicable
                                              at the shelter (who are not staff) are                  Certifications and Exemptions Under                   72 COLREGS requirements.
                                              counted at the shelter. Staff members                   the International Regulations for                        Moreover, it has been determined, in
                                              are counted at the residence where they                 Preventing Collisions at Sea, 1972                    accordance with 32 CFR parts 296 and
                                              live and sleep most of the time. If staff                                                                     701, that publication of this amendment
                                                                                                      AGENCY:    Department of the Navy, DoD.
                                              members do not have a usual home                                                                              for public comment prior to adoption is
                                              elsewhere, they are counted at the                      ACTION:   Final rule.
                                                                                                                                                            impracticable, unnecessary, and
                                              shelter.                                                SUMMARY:    The Department of the Navy                contrary to public interest since it is
                                                 (b) People who, on Census Day, are in                                                                      based on technical findings that the
                                                                                                      (DoN) is amending its certifications and
                                              temporary group living quarters                                                                               placement of lights on this vessel in a
                                                                                                      exemptions under the International
                                              established for victims of natural                                                                            manner differently from that prescribed
                                                                                                      Regulations for Preventing Collisions at
                                              disasters—Anyone, including staff                                                                             herein will adversely affect the vessel’s
                                                                                                      Sea, 1972 (72 COLREGS), to reflect that
                                              members, staying at the facility is                                                                           ability to perform its military functions.
                                                                                                      the Deputy Assistant Judge Advocate
                                              counted at the residence where they live
                                                                                                      General (DAJAG) (Admiralty and                        List of Subjects in 32 CFR Part 706
                                              and sleep most of the time. If they do
                                                                                                      Maritime Law) has determined that USS
                                              not have a usual home elsewhere, they                                                                            Marine safety, Navigation (water),
                                                                                                      THOMAS HUDNER (DDG 116) is a
                                              are counted at the facility.                                                                                  Vessels.
                                                 (c) People who, on Census Day, are in                vessel of the Navy which, due to its
                                                                                                      special construction and purpose,                        For the reasons set forth in the
                                              emergency and transitional shelters with                                                                      preamble, the DoN amends part 706 of
                                              sleeping facilities for people                          cannot fully comply with certain
                                                                                                      provisions of the 72 COLREGS without                  title 32 of the Code of Federal
                                              experiencing homelessness—People                                                                              Regulations as follows:
                                              staying at the shelter (who are not staff)              interfering with its special function as a
                                              are counted at the shelter. Staff                       naval ship . The intended effect of this              PART 706—CERTIFICATIONS AND
                                              members are counted at the residence                    rule is to warn mariners in waters where              EXEMPTIONS UNDER THE
                                                                                                      72 COLREGS apply.
nshattuck on DSK9F9SC42PROD with RULES




                                              where they live and sleep most of the                                                                         INTERNATIONAL REGULATIONS FOR
                                              time. If staff members do not have a                    DATES: This rule is effective February 8,             PREVENTING COLLISIONS AT SEA,
                                              usual home elsewhere, they are counted                  2018 and is applicable beginning                      1972
                                              at the shelter.                                         January 25, 2018.
                                                 (d) People who, on Census Day, are at                FOR FURTHER INFORMATION CONTACT:                      ■ 1. The authority citation for part 706
                                              soup kitchens and regularly scheduled                   Lieutenant Commander Kyle Fralick,                    continues to read:
                                              mobile food vans that provide food to                   (Admiralty and Maritime Law), Office of                   Authority: 33 U.S.C. 1605.



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                                                                 Federal Register / Vol. 83, No. 27 / Thursday, February 8, 2018 / Rules and Regulations                                                                          5537

                                              ■ 2. Section 706.2 is amended by:                          ■ b . In Table Five, by adding, in alpha                             § 706 .2 Certifications of the Secretary of
                                              ■ a. In Table Four, paragraph 15,                          numerical order, by vessel number, an                                the Navy under Executive Order 11964 and
                                              adding, in alpha numerical order, by                       entry for USS THOMAS HUDNER (DDG                                     33 U.S.C. 1605.
                                              vessel number, an entry for USS                            116).                                                                *       *   *               *      *
                                              THOMAS HUDNER (DDG 116); and                                 The additions read as follows:                                         15. * * *

                                                                                                                              TABLE FOUR
                                                                                                                                                                                                              Horizontal distance from
                                                                                                                                                                                                              the fore and aft center-
                                                                            Vessel                                                                         Number                                             line of the vessel in the
                                                                                                                                                                                                                athwartship direction


                                                     *                 *                                 *                       *                                 *                                *                       *
                                              USS THOMAS HUDNER ....................................................   DDG 115 ............................................................................             1.81

                                                         *                        *                          *                          *                             *                             *                       *



                                              *      *       *       *      *

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


                                                     *                *                                 *                               *                             *                             *                       *
                                              USS THOMAS HUDNER ..........................         DDG 116 ..........                   X                             X                             X                      14.5

                                                         *                        *                          *                          *                             *                             *                       *



                                                Approved: January 25, 2018.                              monitored attainment of the 2006 24-                                 Information (CBI) or other information
                                              A.S. Janin,                                                hour fine particulate matter (PM2.5)                                 the disclosure of which is restricted by
                                              Captain, USN, JAGC, Deputy Assistant Judge                 National Ambient Air Quality Standards                               statute. Certain other material, such as
                                              Advocate, General (Admiralty and Maritime                  (NAAQS) based on 2014–2016 data                                      copyrighted material, is not placed on
                                              Law).                                                      available in the EPA’s Air Quality                                   the internet and will be publicly
                                              [FR Doc. 2018–02554 Filed 2–7–18; 8:45 am]                 System (AQS) database. This                                          available only in hard copy form.
                                              BILLING CODE 3810–FF–P                                     determination will not constitute a                                  Publicly available docket materials are
                                                                                                         redesignation to attainment.                                         available either electronically through
                                                                                                           The EPA is also finalizing approval of                             https://www.regulations.gov or in hard
                                              ENVIRONMENTAL PROTECTION                                   the revisions to Oregon’s State                                      copy at the Air Planning Unit, Office of
                                              AGENCY                                                     Implementation Plan (SIP) consisting of                              Air and Waste, EPA Region 10, 1200
                                                                                                         the updated Oakridge-Westfir PM2.5                                   Sixth Avenue, Seattle, WA, 98101. The
                                              40 CFR Part 52                                             Attainment Plan (Oakridge Update)                                    EPA requests that, if at all possible, you
                                              [EPA–R10–OAR–2017–0051; FRL–9974–16–                       submitted by the Oregon Department of                                contact the individual listed in the FOR
                                              Region 10]                                                 Environmental Quality (ODEQ) on                                      FURTHER INFORMATION CONTACT section to
                                                                                                         January 20, 2017. The purpose of the                                 view the hard copy of the docket. You
                                              Air Plan Approval; OR, Oakridge; PM2.5                     Oakridge Update, developed by Lane                                   may view the hard copy of the docket
                                              Moderate Plan, Finding of Attainment                       Regional Air Protection Agency                                       Monday through Friday, 8:30 a.m. to
                                              and Clean Data Determination                               (LRAPA) in coordination with the                                     4:30 p.m., excluding federal holidays.
                                                                                                         ODEQ, is to provide an attainment                                    FOR FURTHER INFORMATION CONTACT:
                                              AGENCY:  Environmental Protection
                                                                                                         demonstration of the 2006 24-hour                                    Christi Duboiski at (360) 753–9081,
                                              Agency (EPA).
                                                                                                         PM2.5 NAAQS and correct deficiencies                                 duboiski.christi@epa.gov or by using the
                                              ACTION: Final rule.                                        in the 2012 Oakridge Attainment Plan.                                above EPA, Region 10 address.
                                              SUMMARY:   The Environmental Protection                    DATES: This final rule is effective March
                                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                              Agency (EPA) is finalizing a finding of                    12, 2018.
                                                                                                                                                                              Throughout this document wherever
                                              attainment by the attainment date and a                    ADDRESSES: The EPA has established a
                                                                                                                                                                              ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
nshattuck on DSK9F9SC42PROD with RULES




                                              clean data determination (CDD) for the                     docket for this action under Docket ID                               intended to refer to the EPA.
                                              Oakridge-Westfir (Oakridge), Oregon                        No. EPA–R10–OAR–2017–0051. All
                                              fine particulate matter nonattainment                      documents in the docket are listed on                                Table of Contents
                                              area (Oakridge NAA). The finding is                        the https://www.regulations.gov                                      I. Background Information
                                              based upon quality-assured, quality-                       website. Although listed in the index,                               II. Final Action
                                              controlled, and certified ambient air                      some information is not publicly                                     III. Incorporation by Reference
                                              monitoring data showing the area has                       available, i.e., Confidential Business                               IV. Statutory and Executive Order Reviews



                                         VerDate Sep<11>2014     14:13 Feb 07, 2018   Jkt 244001   PO 00000      Frm 00017   Fmt 4700       Sfmt 4700    E:\FR\FM\08FER1.SGM             08FER1



Document Created: 2018-02-08 00:16:29
Document Modified: 2018-02-08 00:16:29
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 February 8, 2018 and is applicable beginning January 25, 2018.
ContactLieutenant Commander Kyle Fralick, (Admiralty and Maritime Law), Office of the Judge Advocate General, Department of the Navy, 1322 Patterson Ave. SE, Suite 3000, Washington Navy Yard, DC 20374-5066, telephone 202-685-5040.
FR Citation83 FR 5536 
CFR AssociatedMarine Safety; Navigation (water) and Vessels

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