Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 8750-8751 [E9-4094]
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Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Rules and Regulations
licensing requirements.21 The Final
Rule reflected the Commission’s
intention that the approved approach to
applicability would resolve concerns
that entities supplying services related
to nuclear plant licensing requirements
would balk at executing an interface
agreement, if execution made them
subject to NUC–001–1.22 Furthermore,
given the appeal rights provided for in
the NERC enforcement process, we do
not believe that an entity that disagrees
with its role in providing such services
will be subject to enforcement without
recourse. The Commission declines at
the rulemaking phase to address issues
concerning individual entities that may
be approached to provide services
relating to nuclear plant licensing
requirements. Such issues are better
addressed in a proceeding providing a
record detailing the circumstances of a
potential transmission entity’s
registration.
17. We also reject New York ISO’s
request for an allotted period of time to
implement an interface agreement.
Order No. 716 stated, ‘‘Given that the
parties have already been able to agree
to the services needed to meet NRC
licensing requirements, the same parties
should be able to successfully identify
the services provided, confirm that they
address NRC criteria for off-site power
and system limits, and document such
services in an auditable format
consistent with the NUC–001–1
Requirements.’’ 23 Thus, it should not be
a problem for these parties to write up
existing arrangements in the format
required by the Nuclear Reliability
Standard. In addition, in cases where
there is no immediate risk to grid
reliability, the Commission approved
NERC’s proposal that it may order
mediation as a remedial measure.24 For
these reasons, we find that it is
unnecessary to incorporate additional
time for parties to negotiate and
implement an interface agreement.25
18. In addition, the Commission in
Order No. 716 rejected calls for formal
incorporation of dispute resolution
procedures to resolve registration and
contract negotiation disputes and,
instead, left the use of such procedures
to NERC’s discretion as a mitigation
21 Id.
P 82.
P 69.
23 Id. P 82.
24 See discussion at id. P 75–80.
25 The Commission declines to address in this
order the proper resolution of a dispute concerning
an entity, not currently responsible for providing
services relating to a generator’s nuclear plant
licensing requirements, that is approached by a
nuclear plant generator operator seeking to procure
such services. Such issues are better resolved based
on a case-by-case review of a complete factual
record, detailing any reliability concerns.
22 Id.
VerDate Nov<24>2008
14:57 Feb 25, 2009
Jkt 217001
option in the event nuclear plant
generator operators and transmission
entities fail to agree.26 Given our
affirmation of the determination that no
additional consent is necessary to
become subject to the Nuclear
Reliability Standard, we likewise affirm
our determination that additional
dispute resolution procedures to
address a failure to consent are not
necessary.
The Commission orders:
New York ISO’s request for rehearing
is hereby denied, as discussed in the
body of this order.
By the Commission. Commissioner
Kelliher is not participating.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9–3964 Filed 2–25–09; 8:45 am]
BILLING CODE 6717–01–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 WAYNE E.
MEYER (DDG 108) 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
26, 2009 and is applicable beginning
February 11, 2009.
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.
26 Order
PO 00000
No. 716, 125 FERC ¶ 61,065 at P 75.
Frm 00048
Fmt 4700
Sfmt 4700
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 WAYNE E. MEYER (DDG 108) 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; 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 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 part 706
continues to read as follow:
■
Authority: 33 U.S.C. 1605.
2. Section 706.2 is amended as
follows:
■ A. In Table Four, Paragraph 15 by
adding, in numerical order, the
■
E:\FR\FM\26FER1.SGM
26FER1
8751
Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Rules and Regulations
following entry for USS WAYNE E.
MEYER (DDG 108):
■ B. In Table Four, Paragraph 16 by
adding, in numerical order, the
following entry for USS WAYNE E.
MEYER (DDG 108):
C. In Table Five, by adding, in
numerical order, the following entry for
USS WAYNE E. MEYER (DDG 108):
■
§ 706.2 Certifications of the Secretary of
the Navy under Executive Order 11964 and
33 U.S.C. 1605.
*
*
*
*
Table Four
*
*
*
15. * * *
*
*
*
Horizontal distance from the fore
and aft centerline of the vessel in
the athwartship direction
Vessel
Number
*
*
*
USS WAYNE E. MEYER .............................................
*
*
DDG 108 ......................................................................
*
1.84 meters.
*
16. * * *
Obstruction angle relative ship’s
headings
Vessel
Number
*
*
*
USS WAYNE E. MEYER .............................................
*
*
DDG 108 ......................................................................
*
*
*
*
*
*
*
*
*
*
*
*
*
Vessel
Number
*
*
USS WAYNE E. MEYER ..................
*
*
DDG 108 ...........................................
X
*
*
Approved: February 11, 2009.
M. Robb Hyde
Commander, JAGC, U.S. Navy, Deputy
Assistant Judge Advocate, General (Admiralty
and Maritime Law).
[FR Doc. E9–4094 Filed 2–25–09; 8:45 am]
BILLING CODE 3810–FF–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
ACTION:
Department of the Navy, DoD.
Final rule.
VerDate Nov<24>2008
*
*
Masthead
lights not over
all other lights
and obstructions. Annex I,
sec. 2(f)
AGENCY:
*
Table Five
*
*
*
*
106.71 thru 112.50 [degrees].
14:57 Feb 25, 2009
Jkt 217001
*
*
Frm 00049
Fmt 4700
*
X
*
Sfmt 4700
After masthead light less
than 1⁄2 ship’s
length aft of
forward masthead light.
Annex I, sec.
3(a)
X
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 DEWEY (DDG
105) 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
26, 2009 and is applicable beginning
February 11, 2009.
FOR FURTHER INFORMATION CONTACT:
Commander M. Robb Hyde, JAGC, U.S.
Navy, Deputy Assistant Judge Advocate
PO 00000
Forward masthead light not
in forward
quarter of
ship. Annex I,
sec. 3(a)
*
Percentage
horizontal separation attained
*
14.5
*
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),
under authority delegated by the
Secretary of the Navy, has certified that
USS DEWEY (DDG 105) 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),
E:\FR\FM\26FER1.SGM
26FER1
]]>Agencies
[Federal Register Volume 74, Number 37 (Thursday, February 26, 2009)]
[Rules and Regulations]
[Pages 8750-8751]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4094]
=======================================================================
-----------------------------------------------------------------------
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 WAYNE E. MEYER (DDG 108) 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 26, 2009 and is applicable
beginning February 11, 2009.
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), under authority
delegated by the Secretary of the Navy, has certified that USS WAYNE E.
MEYER (DDG 108) 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; 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 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 as follow:
Authority: 33 U.S.C. 1605.
0
2. Section 706.2 is amended as follows:
0
A. In Table Four, Paragraph 15 by adding, in numerical order, the
[[Page 8751]]
following entry for USS WAYNE E. MEYER (DDG 108):
0
B. In Table Four, Paragraph 16 by adding, in numerical order, the
following entry for USS WAYNE E. MEYER (DDG 108):
0
C. In Table Five, by adding, in numerical order, the following entry
for USS WAYNE E. MEYER (DDG 108):
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
Table Four
* * * * *
15. * * *
----------------------------------------------------------------------------------------------------------------
Horizontal distance from the fore and aft
Vessel Number centerline of the vessel in the athwartship
direction
----------------------------------------------------------------------------------------------------------------
* * * * * * *
USS WAYNE E. MEYER................... DDG 108................ 1.84 meters.
----------------------------------------------------------------------------------------------------------------
16. * * *
----------------------------------------------------------------------------------------------------------------
Vessel Number Obstruction angle relative ship's headings
----------------------------------------------------------------------------------------------------------------
* * * * * * *
USS WAYNE E. MEYER................... DDG 108................ 106.71 thru 112.50 [degrees].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Table Five
* * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
After masthead
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 WAYNE E. MEYER.............................. DDG 108........................... X X X 14.5
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Approved: February 11, 2009.
M. Robb Hyde
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General
(Admiralty and Maritime Law).
[FR Doc. E9-4094 Filed 2-25-09; 8:45 am]
BILLING CODE 3810-FF-P
