Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 30479-30480 [E8-11836]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 103 / Wednesday, May 28, 2008 / Rules and Regulations
deaths that occur under in-garrison,
non-combat operations.
Response: We appreciate the
comment and note that the statutory
language provides the benefit ‘‘when a
member dies while on active duty for a
period of more than 30 days.’’ There are
no qualifiers or limitation on this
provision; consequently, there is no
statutory authority to apply LOD
determinations.
Comment: A second commenter asked
about the effective date of the
provisions.
Response: For the payment rates for
dependents of deceased active duty
family members, the provision is
effective with respect to those active
duty service members whose death
occurred on or after October 7, 2001.
The modification of adoption
intermediaries is effective January 6,
2006.
Review of Public Comments
mstockstill on PROD1PC66 with RULES
detailed information regarding this
provision.
III. Modification of Requirement for
Certain Intermediaries Under Certain
Authorities Relating to Adoptions.
Section 592 of the NDAA FY06 expands
those intermediaries who perform
adoption placement to include
placement by any source authorized by
State or local law to provide adoption
placement. This expanded language
mirrors the language found in Title 10,
United States Code, Section 1052,
reimbursement for adoption expenses,
and provides consistency between
personnel benefit policies in chapter 53
of Title 10, United States Code, and
eligibility for TRICARE under chapter
55 of Title 10, United States Code.
Effective date of the NDAA FY06 (and
this provision) is January 6, 2006. The
reader is referred to the interim final
rule published on January 19, 2007 (72
FR 2444), for detailed information
regarding this provision.
IV. Administrative Change—Court
Order/Adoption Placement. This final
rule clarifies the eligibility provisions
for an unmarried person who is placed
in the legal custody of the member or
former member as a result of an order
of a court of competent jurisdiction in
the United States (or possession of the
United States) by stating that the court
order must be for a period of at least 12
consecutive months. We currently
address a child who is placed in legal
custody of a member or former member,
but the language unintentionally
omitted the 12 consecutive month
period required by 10 U.S.C.
1072(2)(I)(i). This rule also clarifies that
an unmarried person placed in legal
custody of a member or former member
is a category that is separate and distinct
from those placed for adoption. We
accomplish this by providing separate
regulatory paragraphs for each group.
The reader is referred to the interim
final rule published on January 19, 2007
(72 FR 2444), for detailed information
regarding this provision. Additionally,
for historical information on these two
groups, we refer the reader to the final
rule that established these groups (64 FR
46133, August 24, 1999).
The Regulatory Flexibility Act
requires that each Federal agency
prepare, and make available for public
comment, a regulatory flexibility
analysis when the agency issues a
regulation which would have a
significant impact on a substantial
number of small entities. In addition,
we certify that this final rule will not
significantly affect a substantial number
of small entities.
Comment: One commenter applauded
the enhanced benefit, but recommended
further direction that this benefit only
be extended upon the initiation and/or
completion of an appropriate Line of
Duty (LOD) determination. Generally,
LOD determinations do not apply for
battle injuries or battle-related deaths.
This commenter requested that
clarification be directed toward ADSM
VerDate Aug<31>2005
17:40 May 27, 2008
Jkt 214001
30479
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
This final rule will not impose
additional information collection
requirements on the public under the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 55).
Executive Order 13132, ‘‘Federalism’’
We have examined the impact of the
rule under E.O. 13132 and it does not
have policies that have federalism
implications that would have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, therefore,
consultation with State and local
officials is not required.
List of Subjects in 32 CFR Part 199
Regulatory Procedures
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
Claims, Dental health, Health care,
Health insurance, Individuals with
disabilities, Military personnel.
I
Section 801 of title 5, United States
Code (U.S.C.) and Executive Order
(E.O.) 12866 require certain regulatory
assessments and procedures for any
major rule or significant regulatory
action, defined as one that would result
in an annual effect of $100 million or
more on the national economy or which
would have other substantial impacts.
This is not a major rule under 5 U.S.C.
801. It is a significant regulatory action
but not economically significant and has
been reviewed by the Office of
Management and Budget as required
under the provisions of E.O. 12866.
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
It has been certified that this rule does
not contain a Federal mandate that may
result in the expenditure by State, local
and tribal governments, in aggregate, or
by the private sector, of $100 million or
more in any one year.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
Accordingly, the interim final rule
published January 19, 2007 (72 FR
2444), is confirmed as final without
change.
Dated: May 19, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E8–11738 Filed 5–27–08; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 706
Certifications and Exemptions Under
the International Regulations for
Preventing Collisions at Sea, 1972
Department of the Navy, DOD.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Department of the Navy
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 (Admiralty and Maritime Law)
has determined that USS STOUT (DDG
55) 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.
E:\FR\FM\28MYR1.SGM
28MYR1
30480
Federal Register / Vol. 73, No. 103 / Wednesday, May 28, 2008 / Rules and Regulations
This rule is effective May 28,
2008 and is applicable beginning March
26, 2008.
FOR FURTHER INFORMATION CONTACT:
Commander M. Robb Hyde, JAGC, U.S.
Navy, Deputy Assistant Judge Advocate
General (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–
685–5075.
SUPPLEMENTARY INFORMATION: Pursuant
to the authority granted in 33 U.S.C.
1605, the Department of the Navy
amends 32 CFR part 706.
This amendment provides notice that
the Deputy Assistant Judge Advocate
General (Admiralty and Maritime Law),
under authority delegated by the
Secretary of the Navy, has certified that
USS STOUT (DDG 55) 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
DATES:
naval ship: Annex I, paragraph 3(a),
pertaining to the location of the forward
masthead light in the forward quarter of
the vessel, the placement of the after
masthead light, and the horizontal
distance between the forward and after
masthead lights. The Deputy Assistant
Judge Advocate General (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), and
Vessels.
For the reasons set forth in the
preamble, amend part 706 of title 32 of
the Code of Federal Regulations as
follows:
I
PART 706—CERTIFICATIONS AND
EXEMPTIONS UNDER THE
INTERNATIONAL REGULATIONS FOR
PREVENTING COLLISIONS AT SEA,
1972
1. The authority citation for part 706
continues to read:
I
Authority: 33 U.S.C. 1605.
2. Table Four, Paragraph 16 of § 706.2
is amended by removing the entry for
USS STOUT (DDG 55).
I 3. Table Five, of § 706.2 is amended
by revising the following entry for USS
STOUT (DDG 55), to read as follows:
I
§ 706.2 Certifications of the Secretary of
the Navy under Executive Order 11964 and
33 U.S.C. 1605.
TABLE FIVE
Vessel
Masthead lights
not over all other
lights and
obstructions.
Annex I, sec. 2(f)
*
*
*
USS STOUT ......................... DDG 55 .................................
*
*
*
Approved: April 29, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy
Assistant Judge Advocate General (Admiralty
and Maritime Law).
[FR Doc. E8–11836 Filed 5–27–08; 8:45 am]
After mast-head
light less than 1⁄2
ship’s length aft of
forward masthead
Light.
Annex I, sec. 3(a)
Percentage
horizontal
separation attained
*
..............................
*
*
*
*
Hull No.
Forward masthead
light not in forward
quarter of ship.
Annex I, sec. 3(a)
*
X
DEPARTMENT OF HOMELAND
SECURITY
SUMMARY: The Commander, Eleventh
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Rio Vista
Drawbridge across the Sacramento
River, mile 12.8, at Rio Vista, CA. The
deviation is necessary to allow the
bridge owner, the California Department
of Transportation (Caltrans), to conduct
required maintenance of the drawspan.
This deviation allows for a 4-hour
notice for openings during nighttime.
Coast Guard
DATES:
BILLING CODE 3810–FF–P
This deviation is effective
between 9 p.m. and 5 a.m., from May
27, 2008 through June 27, 2008.
33 CFR Part 117
Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0354 and are available online at
www.regulations.gov. They are also
available for inspection or copying two
locations: the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
ADDRESSES:
mstockstill on PROD1PC66 with RULES
[Docket No. USCG–2008–0354]
Drawbridge Operation Regulations;
Sacramento River, Rio Vista, CA,
Drawbridge Maintenance
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
VerDate Aug<31>2005
17:40 May 27, 2008
Jkt 214001
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
X
*
20.3
*
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays,
and Commander (dpw), Eleventh Coast
Guard District, Building 50–2, Coast
Guard Island, Alameda, CA 94501–
5100, between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
David H. Sulouff, Chief, Bridge Section,
Eleventh Coast Guard District,
telephone (510) 437–3516.
Caltrans
requested a temporary change to the
operation of the Rio Vista Drawbridge,
mile 12.8, Sacramento River, at Rio
Vista, CA. The Rio Vista Drawbridge
navigation span provides a vertical
clearance of 17 feet above Mean High
Water in the closed-to-navigation
position. The draw opens on signal as
required by 33 CFR 117.5. Navigation on
the waterway consists of both
commercial and recreational vessels.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\28MYR1.SGM
28MYR1
]]>Agencies
[Federal Register Volume 73, Number 103 (Wednesday, May 28, 2008)]
[Rules and Regulations]
[Pages 30479-30480]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11836]
-----------------------------------------------------------------------
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 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 (Admiralty and Maritime Law) has
determined that USS STOUT (DDG 55) 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 30480]]
DATES: This rule is effective May 28, 2008 and is applicable beginning
March 26, 2008.
FOR FURTHER INFORMATION CONTACT: Commander M. Robb Hyde, JAGC, U.S.
Navy, Deputy Assistant Judge Advocate General (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 202-685-5075.
SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33
U.S.C. 1605, the Department of the Navy amends 32 CFR part 706.
This amendment provides notice that the Deputy Assistant Judge
Advocate General (Admiralty and Maritime Law), under authority
delegated by the Secretary of the Navy, has certified that USS STOUT
(DDG 55) 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 3(a), pertaining to the location of the
forward masthead light in the forward quarter of the vessel, the
placement of the after masthead light, and the horizontal distance
between the forward and after masthead lights. The Deputy Assistant
Judge Advocate General (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), and Vessels.
0
For the reasons set forth in the preamble, amend 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.
0
2. Table Four, Paragraph 16 of Sec. 706.2 is amended by removing the
entry for USS STOUT (DDG 55).
0
3. Table Five, of Sec. 706.2 is amended by revising the following
entry for USS STOUT (DDG 55), to read as follows:
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
Table Five
--------------------------------------------------------------------------------------------------------------------------------------------------------
After mast-head
Masthead lights Forward masthead light less than
not over all light not in \1/2\ ship's Percentage
Vessel Hull No. other lights and forward quarter length aft of horizontal
obstructions. of ship. Annex forward masthead separation
Annex I, sec. I, sec. 3(a) Light. Annex I, \\attained
2(f) sec. 3(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
USS STOUT................................... DDG 55........................ ................. X X 20.3
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Approved: April 29, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty and Maritime Law).
[FR Doc. E8-11836 Filed 5-27-08; 8:45 am]
BILLING CODE 3810-FF-P
