Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 34862-34864 [E8-13857]

Download as PDF 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. jlentini on PROD1PC65 with RULES 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 * BILLING CODE 4710–05–P PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 ACTION: E:\FR\FM\19JNR1.SGM 19JNR1 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 — jlentini on PROD1PC65 with RULES * VerDate Aug<31>2005 * 17:47 Jun 18, 2008 * Jkt 214001 PO 00000 * * Frm 00021 Fmt 4700 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) E:\FR\FM\19JNR1.SGM * 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] BILLING CODE 3810–FF–P 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: jlentini on PROD1PC65 with RULES 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] BILLING CODE 4910–15–P PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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 http://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: E:\FR\FM\19JNR1.SGM 19JNR1

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]


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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 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]
BILLING CODE 3810-FF-P