Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 75591-75592 [E8-29435]

Download as PDF 75591 Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Rules and Regulations Regulations Staff, 799 9th Street, NW., 8th Floor, Washington, DC 20239–0001, or by e-mail at govsecreg@bpd.treas.gov. Kenneth E. Carfine, Fiscal Assistant Secretary. [FR Doc. E8–29440 Filed 12–11–08; 8:45 am] BILLING CODE 4810–39–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. ACTION: Final rule. AGENCY: 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) of the Navy has determined that USS SAN FRANCISCO (SSN 711) is a vessel of the Navy which, due to its special construction and purpose, cannot comply fully 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 December 12, 2008 and is applicable beginning 20 November 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 number: 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) of the Navy, under authority delegated by the Secretary of the Navy, has certified that USS SAN FRANCISCO (SSN 711) is a vessel of the Navy which, due to its special construction and purpose, cannot comply fully with the following specific provisions of 72 COLREGS without interfering with its special function as a naval ship: Rule 21(a) pertaining to the location of the masthead lights over the fore and aft centerline of the ship. 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: ■ PART 706—CERTIFICATIONS AND EXEMPTIONS UNDER THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972 1. The authority citation for 32 CFR Part 706 continues to read as follows: ■ Authority: 33 U.S.C. 1605. 2. Section 706.2 is amended as follows: ■ A. In Table Two by adding, in numerical order, the following entry for USS SAN FRANCISCO (SSN 711): ■ § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * * TABLE TWO * * * Vessel Number Masthead lights, distance to stbd of keel in meters; Rule 21(a) * USS SAN FRANCISCO * SSN 711 Forward anchor light, distance below flight dk in meters; § 2(K), Annex I * Forward anchor light, number of; Rule 30(a)(i) AFT anchor light, distance below flight dk in meters; Rule 21(e), Rule 30(a)(ii) * Side lights, distance below flight dk in meters; § 2(g), Annex I * Side lights, distance forward of forward masthead light in meters; § 3(b), Annex I Side lights, distance inboard of ship’s sides in meters; § 3(b), Annex I 0.41 * mstockstill on PROD1PC62 with RULES * VerDate Aug<31>2005 Jkt 217001 * * * * * * * 16:37 Dec 11, 2008 AFT anchor light, number of; Rule 30(a)(ii) * * * * PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\12DER1.SGM 12DER1 75592 * * Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Rules and Regulations * * * Approved: November 20, 2008. M. Robb Hyde, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law). [FR Doc. E8–29435 Filed 12–11–08; 8:45 am] BILLING CODE 3810–FF–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Chapter I [EPA–HQ–OPP–2008–0247; FRL–8146–6] Pesticide Regulations; Technical Amendments I. Does this Action Apply to Me? Environmental Protection Agency (EPA). ACTION: Final rule. mstockstill on PROD1PC62 with RULES AGENCY: SUMMARY: EPA has reviewed its pesticide regulations contained in 40 CFR Parts 150–180, and is making technical changes in a number of areas. These technical changes will correct errors and cross-references, improve presentation and format, and conform the regulations to current CFR practice. These changes have no substantive impact on any requirements. As such, notice and public comment procedures are unnecesary, and EPA finds that this constitutes good cause under the Administrative Procedure Act. DATES: This final rule is effective February 10, 2009. ADDRESSES: EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPP–2008–0247. To access the electronic docket, go to http:// www.regulations.gov, select ‘‘Advanced Search,’’ then ‘‘Docket Search.’’ Insert the docket ID number where indicated and select the ‘‘Submit’’ button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. All documents in the docket are listed in the docket index available in regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at http://www.regulations.gov, or, if only available in hard copy, at the Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S–4400, One VerDate Aug<31>2005 16:37 Dec 11, 2008 Jkt 217001 Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305–5805. FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001; telephone number: (703) 305– 6304; fax number: (703) 305–5884; email address: boyle.kathryn@epa.gov. SUPPLEMENTARY INFORMATION: You may be potentially affected by this action if you produce or register pesticide products, or petition the Agency to establish or modify a pesticide tolerance. Potentially affected entities may include, but are not limited to Pesticide Producers (NAICS 32532), e.g., pesticide manufacturers or formulators of pesticide products or importers of pesticide products. This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. II. Background Under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and the Federal Food, Drug and Cosmetic Act (FFDCA), the Agency regulates the sale, distribution and use of pesticides. EPA regulations covering activities under these statutes are contained in 40 CFR parts 150 – 180. Many of these regulations were promulgated or last revised in the 1970s and 1980s and have not been significantly updated. Over the past year, EPA has conducted a detailed review of its pesticide regulations, contained in 40 CFR parts 150 – 180. EPA believes that improvements in these regulations are warranted. Today’s final rule makes ‘‘housekeeping’’ or non-substantive technical changes to a series of regulations. Future rulemakings implementing substantive changes will PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 be issued as proposed rules with opportunity for comment. The types of changes being made today involve error correction, conforming changes, and general non-substantive improvements in presentation and format. III. Today’s final rule In today’s final rule EPA is making the following key types ofchanges to the regulations in 40 CFR parts 150 – 180. 1. EPA is removing compliance and effective dates that have passed.These involve certain provisions concerning: a. Data compensation (part 152, subpart E); b. Worker protection interim provisions and exceptions (part 170). 2. EPA is removing unnecessary or obsolete references, including: a. References to the Pesticide Assessment Guidelines that are notneeded in regulatory text (part 172); b. Definitions related solely to plantincorporated protectants that are not used in the regulatory text of part 152. These definitions are duplicative of definitions in part 174. c. Reference in § 180.34 to the certification of usefulness, a provision eliminated by the Food Quality Protection Act (FQPA) in 1996. 3. EPA is removing most references to section 409 of the FFDCA. Prior to 1996, EPA established tolerances for raw agricultural commodities under section 408 and food additive regulations for certain pesticide residues in processed foods under section 409, which pertains to food additives. As part of the FQPA, Congress combined EPA’s authority to regulate all pesticide chemical residues in food under section 408 of the FFDCA (leaving the Food and Drug Administration the sole authority under section 409 to regulate food additives). As it no longer has any regulatory authority under section 409, EPA is eliminating most references to FFDCA section 409 from its regulations. Those retained are needed for continued enforcement of pre-FQPA provisions. 4. EPA is correcting other statutory and regulatory cross-references. a. EPA is correcting the references to data compensation provisions in FIFRA sec. 3(c)(1)(D), which is now 3(c)(1)(F). b. EPA is correcting the references to FIFRA sec. 4, which is now FIFRA sec. 11. c. EPA is correcting the regulatory cross-references from § 156.10(h) to § 156.62 and § 162.11 to part 154. These regulations were restructured a number of years ago, but the cross-references were not. 5. EPA is correcting part 155, subpart C, Registration Review Procedures, to include the mandatory 15-year E:\FR\FM\12DER1.SGM 12DER1

Agencies

[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Rules and Regulations]
[Pages 75591-75592]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29435]


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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.

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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) of the 
Navy has determined that USS SAN FRANCISCO (SSN 711) is a vessel of the 
Navy which, due to its special construction and purpose, cannot comply 
fully 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 December 12, 2008 and is applicable 
beginning 20 November 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 number: 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) of the Navy, under 
authority delegated by the Secretary of the Navy, has certified that 
USS SAN FRANCISCO (SSN 711) is a vessel of the Navy which, due to its 
special construction and purpose, cannot comply fully with the 
following specific provisions of 72 COLREGS without interfering with 
its special function as a naval ship: Rule 21(a) pertaining to the 
location of the masthead lights over the fore and aft centerline of the 
ship. 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 32 CFR Part 706 continues to read as 
follows:

    Authority: 33 U.S.C. 1605.


0
2. Section 706.2 is amended as follows:
0
A. In Table Two by adding, in numerical order, the following entry for 
USS SAN FRANCISCO (SSN 711):


Sec.  706.2  Certifications of the Secretary of the Navy under 
Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

                                                                        Table Two
                                                                      * * * * * * *
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                                                                                                                                       Side
                                                                        Forward                                                      lights,      Side
                                                                         anchor               AFT anchor                   Side      distance   lights,
                                                            Masthead     light,    Forward      light,                   lights,     forward    distance
                                                            lights,     distance    anchor     distance    AFT anchor    distance       of      inboard
                                                          distance to    below      light,      below        light,       below      forward   of ship's
                    Vessel                       Number     stbd of    flight dk    number    flight dk    number of;   flight dk    masthead   sides in
                                                            keel in        in      of; Rule   in meters;      Rule     in  meters;   light in   meters;
                                                            meters;     meters;    30(a)(i)  Rule 21(e),   30(a)(ii)       Sec.      meters;      Sec.
                                                           Rule 21(a)     Sec.                   Rule                     2(g),        Sec.      3(b),
                                                                         2(K),                30(a)(ii)                  Annex I      3(b),     Annex I
                                                                        Annex I                                                      Annex I
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
USS SAN FRANCISCO............................    SSN 711      0.41
 
                                                                      * * * * * * *
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[[Page 75592]]

* * * * *

    Approved: November 20, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
 [FR Doc. E8-29435 Filed 12-11-08; 8:45 am]
BILLING CODE 3810-FF-P