Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 8751-8753 [E9-4095]

Download as PDF 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 8752 Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Rules and Regulations 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: 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 following entry for USS DEWEY (DDG 105): ■ B. In Table Four, Paragraph 16 by adding, in numerical order, the following entry for USS DEWEY (DDG 105): ■ C. In Table Five by adding, in numerical order, the following entry for USS DEWEY (DDG 105): ■ 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. 1. The authority citation for part 706 continues to read as follow: * ■ * * * * * * * 15. * * * * * Table Four Horizontal distance from the fore and aft centerline of the vessel in the athwartship direction Vessel Number * * * USS DEWEY ............................................................... * * DDG 105 ...................................................................... * * * * * 1.85 meters. * * * * 16. * * * Obstruction angle relative ship’s headings Vessel Number * * * USS DEWEY ............................................................... * * DDG 105 ...................................................................... * * * * * * * * * * 109.52 thru 112.50 [degrees]. * * * * TABLE FIVE Vessel Number Masthead lights not over all other lights and obstructions. Annex I, sec. 2(f) * * USS DEWEY ..................................... * * DDG 105 ........................................... X VerDate Nov<24>2008 14:57 Feb 25, 2009 Jkt 217001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 Forward masthead light not in forward quarter of ship. Annex I, sec. 3(a) * After masthead light less than 1⁄2 ship’s length aft of forward masthead light. Annex I, sec. 3(a) * X E:\FR\FM\26FER1.SGM X 26FER1 Percentage horizontal separation attained * 14.5 Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Rules and Regulations Approved: February 11, 2009. M. Robb Hyde, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law). [FR Doc. E9–4095 Filed 2–25–09; 8:45 am] BILLING CODE 3810–FF–P DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG–2008–0129] RIN 1625–AA00 Safety Zone; Baltimore Captain of the Port Zone Coast Guard, DHS. Temporary interim rule with request for comments. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone in all navigable waters of the Captain of the Port Baltimore zone. The temporary safety zone restricts vessels from transiting the zone during the effective period, unless authorized by the Captain of the Port Baltimore, or his designated representative. This safety zone is necessary to protect mariners from the hazards associated with ice in the navigable waterway. DATES: This rule is effective from January 17, 2009 until April 15, 2009. Comments and related material must either be submitted to our online docket via https://www.regulations.gov on or before March 30, 2009 or reach the Docket Management Facility by that date. You may submit comments identified by docket number USCG– 2008–0129 using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: 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– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these methods. For instructions on submitting comments, see the ‘‘Public Participation and Request for ADDRESSES: 14:57 Feb 25, 2009 section below. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary interim rule, call Ronald L. Houck, Waterways Management Division, at 410–576–2674 or 2693. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments 33 CFR Part 165 VerDate Nov<24>2008 Comments’’ portion of the SUPPLEMENTARY INFORMATION Jkt 217001 We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to https:// www.regulations.gov and will include any personal information you have provided. Submitting comments: If you submit a comment, please include the docket number for this rulemaking (USCG–2008–0129), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online, or by fax, mail or hand delivery, but please use only one of these means. We recommend that you include your name and a mailing address, an e-mail address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to https://www.regulations.gov, select the Advanced Docket Search option on the right side of the screen, insert ‘‘USCG– 2008–0129’’ in the Docket ID box, press Enter, and then click on the balloon shape in the Actions column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change this rule based on your comments. Viewing comments and documents: To view comments, as well as documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, select the Advanced Docket Search option on the right side of the screen, insert USCG– 2008–0129 in the Docket ID box, press PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 8753 Enter, and then click on the item in the Docket ID column. You may also visit either the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays; or the Commander, U. S. Coast Guard Sector Baltimore, 2401 Hawkins Point Road, Building 70, Baltimore, Maryland, 21226–1791, between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act, system of records notice regarding our public dockets in the January 17, 2008 issue of the Federal Register (73 FR 3316). Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one to the Docket Management Facility at the address under ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. Regulatory Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because any delay encountered in this regulation’s effective date by publishing a NPRM would be contrary to public interest. Immediate action is needed to mitigate the potential safety hazards associated with ice in the navigable waterway to life and property. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 E:\FR\FM\26FER1.SGM 26FER1

Agencies

[Federal Register Volume 74, Number 37 (Thursday, February 26, 2009)]
[Rules and Regulations]
[Pages 8751-8753]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4095]

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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 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 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),

[[Page 8752]]

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
following entry for USS DEWEY (DDG 105):
0
B. In Table Four, Paragraph 16 by adding, in numerical order, the
following entry for USS DEWEY (DDG 105):
0
C. In Table Five by adding, in numerical order, the following entry for
USS DEWEY (DDG 105):

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 DEWEY............................ DDG 105................ 1.85 meters.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

16. * * *

----------------------------------------------------------------------------------------------------------------
Vessel Number Obstruction angle relative ship's headings
----------------------------------------------------------------------------------------------------------------

* * * * * * *
USS DEWEY............................ DDG 105................ 109.52 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 DEWEY....................................... DDG 105........................... X X X 14.5
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 8753]]

Approved: February 11, 2009.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General
(Admiralty and Maritime Law).
[FR Doc. E9-4095 Filed 2-25-09; 8:45 am]
BILLING CODE 3810-FF-P

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