Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 34862-34864 [E8-13857]
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34862
Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Rules and Regulations
Paperwork Reduction Act
Regulatory Flexibility Act/Executive
Order 13272: Small Business
Since this rulemaking is exempt from
5 U.S.C. 553, and no other law requires
the Department to give notice of
proposed rulemaking, this rulemaking
also is not subject to the Regulatory
Flexibility Act (5 U.S.C. 601, et seq.)
and Executive Order 13272, section 3(b).
Executive Order 12866, as Amended
The Department of State does not
consider this Final Rule to be a
‘‘significant regulatory action’’ under
Executive Order 12866, as amended,
§ 3(f), Regulatory Planning and Review.
In addition, the Department is exempt
from Executive Order 12866 except to
the extent that it is promulgating
regulations in conjunction with a
domestic agency that are significant
regulatory actions. The Department has
nevertheless reviewed the Proposed
Rule to ensure its consistency with the
regulatory philosophy and principles set
forth in that Executive Order.
Executive Order 12988
The Department has reviewed this
Final Rule in light of §§ 3(a) and 3(b)(2)
of Executive Order 12988 to eliminate
ambiguity, minimize litigation, establish
clear legal standards, and reduce
burden.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act
of 1995, 2 U.S.C. 1532, generally
requires agencies to prepare a statement
before proposing any rule that may
result in an annual expenditure of $100
million or more by State, local, or tribal
governments, or by the private sector.
This Final Rule will not result in any
such expenditure, nor will it
significantly or uniquely affect small
governments.
DEPARTMENT OF DEFENSE
This Interim Final Rule does not
impose any new reporting or
recordkeeping requirements subject to
the Paperwork Reduction Act, 44 U.S.C.
Chapter 35.
Department of the Navy
List of Subjects in 22 CFR Part 62
Accordingly, 22 CFR Part 62 is revised
to read as follows:
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 NASHVILLE
(LPD 13) is a vessel of the Navy which,
due to its special construction and
purpose, cannot fully comply with
certain provisions of the 72 COLREGS
without interfering with its special
function as a naval ship. The intended
effect of this rule is to warn mariners in
waters where 72 COLREGS apply.
DATES: This rule is effective June 19,
2008 and is applicable beginning 11
June 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–
685–5040.
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 NASHVILLE (LPD 13) is a vessel of
the Navy which, due to its special
construction and purpose, cannot fully
comply with the following specific
provisions of 72 COLREGS without
interfering with its special function as a
naval ship: Annex I paragraph 2(a)(i),
pertaining to the height of the masthead
light; Annex I paragraph 3(a), pertaining
to the horizontal distance between the
forward and after masthead lights; and
Annex I, paragraph 2(g), pertaining to
the distance of the sidelights above the
hull. 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.
I
PART 62—EXCHANGE VISITOR
PROGRAM
1. The authority citation for part 62 is
revised to read as follows:
I
Authority: 8 U.S.C. 1101(a)(15)(J), 1182,
1184, 1258; 22 U.S.C. 1431–1442, 2451 et
seq.; Foreign Affairs Reform and
Restructuring Act of 1998, Pub. L. 105–277,
Div. G, 112 Stat. 2681 et seq.; Reorganization
Plan No. 2 of 1977, 3 CFR, 1977 Comp. p.
200; E.O. 12048 of March 27, 1978; 3 CFR,
1978 Comp. p. 168; the Illegal Immigration
Reform and Immigrant Responsibility Act
(IIRIRA) of 1996, Pub. L. 104–208, Div. C, 110
Stat. 3009–546, as amended; Uniting and
Strengthening America by Providing
Appropriate Tools Required to Intercept and
Obstruct Terrorism Act of 2001 (USA
PATRIOT ACT), Pub. L. 107–56, Sec. 416,
115 Stat. 354; and the Enhanced Border
Security and Visa Entry Reform Act of 2002,
Pub. L. 107–173, 116 Stat. 543.
2. Section 62.31 is amended by
revising paragraph (p) to read as
follows:
I
§ 62.31
Au pairs.
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This Final Rule will not 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, in
accordance with section 6 of Executive
Order 13132, it is determined that this
rule does not have sufficient federalism
implications to require consultations or
warrant the preparation of a federalism
summary impact statement. The
regulations implementing Executive
Order 12372 regarding
intergovernmental consultation on
Federal programs and activities do not
apply to this regulation.
Dated: June 5, 2008.
Stanley S. Colvin,
Director, Office of Exchange Coordination
and Designation, Bureau of Educational and
Cultural Affairs, Department of State.
[FR Doc. E8–13796 Filed 6–18–08; 8:45 am]
Jkt 214001
Department of the Navy, DoD.
Final rule.
AGENCY:
Executive Orders 12372 and 13132
16:32 Jun 18, 2008
Certifications and Exemptions Under
the International Regulations for
Preventing Collisions at Sea, 1972
Cultural exchange programs, reporting
and recordkeeping requirements.
*
*
*
*
(p) Repeat Participation. A foreign
national who enters the United States as
an au pair Exchange Visitor Program
participant and who has successfully
completed his or her program is eligible
to participate again as an au pair
participant, provided that he or she has
resided outside the United States for at
least two years following completion of
his or her initial au pair program.
VerDate Aug<31>2005
32 CFR Part 706
*
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34863
Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Rules and Regulations
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.
I
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
§ 706.2 Certifications of the Secretary of
the Navy under Executive Order 11964 and
33 U.S.C. 1605.
List of Subjects in 32 CFR Part 706
I
Marine safety, Navigation (water), and
Vessels.
2. Table one of § 706.2 is amended by
adding, in numerical order, the
following entry for USS NASHVILLE
(LPD 13):
*
*
*
*
*
1. The authority citation for part 706
continues to read:
Authority: 33 U.S.C. 1605.
TABLE ONE
Vessel
Number
Distance in meters of
forward masthead light
below minimum required
height. § 2(a)(i) Annex I
*
*
*
*
*
USS NASHVILLE ...........................................................................................................................................
*
LPD 13 ....
*
4.38
*
*
*
3. Table Four, Paragraph 19 of § 706.2,
is amended by adding the following
I
*
*
entry for USS NASHVILLE (LPD 13), to
read as follows:
*
*
§ 706.2 Certifications of the Secretary of
the Navy under Executive Order 11964 and
33 U.S.C. 1605.
*
*
*
*
*
Vessel
Number
Distance in meters of
sidelights above
maximum allowed
height
USS NASHVILLE ...........................................................................................................................................
LPD 13 ....
5.37
4. Table Five of § 706.2 is amended by
revising the following entry for USS
I
§ 706.2 Certifications of the Secretary of
the Navy under Executive Order 11964 and
33 U.S.C. 1605.
NASHVILLE (LPD 13), to read as
follows:
*
*
*
*
*
TABLE FIVE
Vessel
Number
Masthead
lights not over
all other lights
and obstructions. annex I,
sec. 2(f)
*
*
*
USS NASHVILLE .................................................................
*
LPD 13
—
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*
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*
17:47 Jun 18, 2008
*
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*
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Forward masthead light not
in forward
quarter of
ship. annex I,
sec. 3(a)
*
N/A
X
*
Sfmt 4700
After masthead light less
than 1⁄2 ship’s
length aft of
forward masthead light.
annex I, sec.
3(a)
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19JNR1
Percentage
horizontal
separation
attained
*
54.7
*
34864
Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Rules and Regulations
Approved: June 11, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy
Assistant Judge Advocate, General (Admiralty
and Maritime Law).
[FR Doc. E8–13857 Filed 6–18–08; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[USCG–2008–0523]
Drawbridge Operating Regulations;
Sabine Lake, Port Arthur, TX
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
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ACTION:
SUMMARY: The Commander, Eighth
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the State
Route 82 (SR 82) swing span bridge
across Sabine Lake at mile 9.5 between
Cameron Parish, Louisiana and Jefferson
County, Texas. This deviation provides
for the bridge to remain closed to
navigation for 19 consecutive days to
reverse the direction of the swing span
to facilitate construction of a new
replacement bridge adjacent to the
existing swing span bridge.
DATES: This deviation is effective from
5 a.m. on Monday, July 7, 2008 until 5
a.m. on Saturday, July 26, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0523 and are available for inspection or
copying at two locations: The Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays, and the office
of the Eighth Coast Guard District,
Bridge Administration Branch, Hale
Boggs Federal Building, Room 1313, 500
Poydras Street, New Orleans, Louisiana
70130–3310 between 7 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Phil
Johnson, Bridge Administration Branch,
telephone (504) 671–2128.
SUPPLEMENTARY INFORMATION: The Texas
Department of Transportation (TXDOT)
has requested a temporary deviation in
order to reverse the direction of the
swing span of the SR 82 Bridge across
VerDate Aug<31>2005
16:32 Jun 18, 2008
Jkt 214001
Sabine Lake at mile 9.5 between
Cameron Parish, Louisiana and Jefferson
County, Texas. This procedure is
necessary to prevent the swing span
from conflicting with the footings and
columns being placed for the new
replacement bridge, currently under
construction. This temporary deviation
will allow the bridge to remain in the
closed-to-navigation position from 5
a.m. on Monday, July 7, 2008 until 5
a.m. on Saturday, July 26, 2008. During
the closure period, the draw will not be
able to open for emergencies. Currently,
the draw opens on signal; except that,
from 9 p.m. to 5 a.m., the draw opens
on signal if at least six hours notice is
given to the Maintenance Construction
Supervisor at Port Arthur.
Navigation on the waterway consists
of tugs with tows and recreational
powerboats and sailboats. The bridge
provides 9 feet of vertical clearance in
the closed-to-navigation position. Thus,
smaller recreational vessels will be able
to transit through the bridge when it is
closed. Tugs with tows and sailboats
will not be able to pass through the
bridge during this closure. An alternate
route is available through the north
passage into Sabine Lake from Sabine
Neches Canal by Stewts Island. Due to
the availability of an alternate route, it
has been determined that this closure
will not have a significant effect on
these vessels. This closure is considered
necessary for placement of the new
bridge pier footers, while allowing
future operation of the swing span
during subsequent phases of
construction.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: June 10, 2008.
David M. Frank,
Bridge Administrator.
[FR Doc. E8–13865 Filed 6–18–08; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[USCG–2008–0486]
Drawbridge Operation Regulations;
Long Island, New York Inland
Waterway From East Rockaway Inlet to
Shinnecock Canal, Hempstead, NY,
Public Event
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the Meadowbrook State
Parkway Bridge across Sloop Channel at
mile 12.8, at Hempstead, New York.
Under this temporary deviation the
bridge may remain in the closed
position for 21⁄2 hours to facilitate
public safety during a public event, the
Veterans Fireworks Display.
DATES: This deviation is effective from
9:30 p.m. through 11:59 p.m. on June
28, 2008 and in the case of rain, from
9:30 p.m. to 11:59 p.m. on June 29,
2008.
Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0486 and are available online at
https://www.regulations.gov. They are
also available for inspection or copying
at two locations: the Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays, and the First
Coast Guard District, Bridge Branch
Office, 408 Atlantic Avenue, Boston,
Massachusetts 02110, between 7 a.m.
and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Judy
Leung-Yee, Project Officer, First Coast
Guard District, at (212) 668–7165.
SUPPLEMENTARY INFORMATION: The
Meadowbrook State Parkway Bridge has
a vertical clearance in the closed
position of 22 feet at mean high water
and 25 feet at mean low water. The
existing drawbridge operation
regulations are listed at 33 CFR
§ 117.799(h)(2).
The waterway has seasonal
recreational vessels and fishing vessels
of various sizes.
ADDRESSES:
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]]>Agencies
[Federal Register Volume 73, Number 119 (Thursday, June 19, 2008)]
[Rules and Regulations]
[Pages 34862-34864]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13857]
=======================================================================
-----------------------------------------------------------------------
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 NASHVILLE (LPD 13) is a vessel of the Navy which,
due to its special construction and purpose, cannot fully comply with
certain provisions of the 72 COLREGS without interfering with its
special function as a naval ship. The intended effect of this rule is
to warn mariners in waters where 72 COLREGS apply.
DATES: This rule is effective June 19, 2008 and is applicable beginning
11 June 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: 202-685-5040.
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
NASHVILLE (LPD 13) is a vessel of the Navy which, due to its special
construction and purpose, cannot fully comply with the following
specific provisions of 72 COLREGS without interfering with its special
function as a naval ship: Annex I paragraph 2(a)(i), pertaining to the
height of the masthead light; Annex I paragraph 3(a), pertaining to the
horizontal distance between the forward and after masthead lights; and
Annex I, paragraph 2(g), pertaining to the distance of the sidelights
above the hull. 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.
[[Page 34863]]
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 one of Sec. 706.2 is amended by adding, in numerical order,
the following entry for USS NASHVILLE (LPD 13):
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
Table One
------------------------------------------------------------------------
Distance in meters of
forward masthead light
Vessel Number below minimum required
height. Sec. 2(a)(i)
Annex I
------------------------------------------------------------------------
* * * * * * *
USS NASHVILLE................. LPD 13........ 4.38
* * * * * * *
------------------------------------------------------------------------
0
3. Table Four, Paragraph 19 of Sec. 706.2, is amended by adding the
following entry for USS NASHVILLE (LPD 13), to read as follows:
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
------------------------------------------------------------------------
Distance in meters of
Vessel Number sidelights above maximum
allowed height
------------------------------------------------------------------------
USS NASHVILLE................. LPD 13........ 5.37
------------------------------------------------------------------------
0
4. Table Five of Sec. 706.2 is amended by revising the following entry
for USS NASHVILLE (LPD 13), 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 light less than
not over all masthead light \1/2\ ship's Percentage
other lights not in forward length aft of horizontal
Vessel Number and quarter of forward separation
obstructions. ship. annex I, masthead light. attained
annex I, sec. sec. 3(a) annex I, sec.
2(f) 3(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
USS NASHVILLE...................................................... LPD 13 -- N/A X 54.7
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 34864]]
Approved: June 11, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General
(Admiralty and Maritime Law).
[FR Doc. E8-13857 Filed 6-18-08; 8:45 am]
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