Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 4272-4273 [2010-1524]

Download as PDF 4272 Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Rules and Regulations of July 1, 2009, on page 153, in § 404.1, remove the first paragraph (i), including its subparagraphs (1) through (4). [FR Doc. 2010–1740 Filed 1–26–10; 8:45 am] BILLING CODE 1505–01–D 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) has determined that USS JASON DUNHAM (DDG 109) 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 January 27, 2010 and is applicable beginning January 14, 2010. FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Ted Cook, (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 JASON DUNHAM (DDG 109) 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 follows: ■ Authority: 33 U.S.C. 1605. 2. Section 706.2 is amended as follows: ■ A. In Table Four, Paragraph 15 by adding, in alpha numerical order, by vessel number, an entry for USS JASON DUNHAM (DDG 109): ■ B. In Table Four, Paragraph 16 by adding, in alpha numerical order, by vessel number, an entry for USS JASON DUNHAM (DDG 109): ■ C. In Table Five, by adding, in alpha numerical order, by vessel number, an entry for USS JASON DUNHAM (DDG 109): ■ § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * * TABLE FOUR PARAGRAPH 15 Vessel * * * USS JASON DUNHAM ................................................................ * hsrobinson on DSK69SOYB1PROD with RULES * * * * VerDate Nov<24>2008 * Horizontal distance from the fore and aft centerline of the vessel in the athwartship direction Number * DDG 109 * * 1.89 meters. * * * * * * * 16:37 Jan 26, 2010 Jkt 220001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\27JAR1.SGM 27JAR1 4273 Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Rules and Regulations TABLE FOUR PARAGRAPH 16 Vessel Number * * * USS JASON DUNHAM ........................................................ * * * * * * Obstruction angle relative ship’s headings * DDG 109 * * * 107.09 thru 112.50 [degrees]. * * * * * * TABLE FIVE Masthead lights not over all other lights and obstructions. Annex I, sec. 2(f) Vessel Number * * * * USS JASON DUNHAM ............................................................................ DDG 109 * * * * * * * * Approved: January 14, 2010. M. Robb Hyde, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law). Dated: January 19, 2010. A.M. Vallandingham, Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2010–1524 Filed 1–26–10; 8:45 am] BILLING CODE 3810–FF–P POSTAL SERVICE 39 CFR Part 232 Conduct on Postal Property; Penalties and Other Law Postal Service. Final rule. AGENCY: hsrobinson on DSK69SOYB1PROD with RULES ACTION: SUMMARY: The U.S. Postal Service is amending the Code of Federal Regulations to increase the maximum penalty for violations of the rules concerning conduct on Postal Service property. The authorized maximum penalty should allow the courts more flexibility in determining the appropriate means of promoting compliance with the regulation. DATES: Effective Date: January 27, 2010. VerDate Nov<24>2008 16:37 Jan 26, 2010 Jkt 220001 * * Frm 00019 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 FOR FURTHER INFORMATION CONTACT: Elizabeth P. Martin, General Counsel, Joint Legal Services Center, U.S. Postal Inspection Service/Office of Inspector General, (703) 248–2100. SUPPLEMENTARY INFORMATION: The current rules governing conduct on Postal Service property establish the maximum penalty for a violation as a fine of not more than $50 or imprisonment of not more than 30 days, or both. As revised by this notice, the maximum penalty for a violation will be increased to a fine of not more than that allowed under title 18 of the United States Code or imprisonment of not more than 30 days, or both. To promote compliance with the regulation and to maintain the deterrent effect, the Postal Service has determined it is appropriate to increase the maximum penalty allowed for a violation of this regulation. The authorized maximum penalty should allow the courts more flexibility in determining the appropriate means of promoting compliance with the regulation. The current regulations have not been changed for over 30 years. The current maximum fine does not reflect either the seriousness of some of the infractions, nor the effect that inflation has had over the past 30 years. This current low monetary penalty provision gives the court little flexibility in arriving at a fair and just resolution to PO 00000 Forward masthead light not in forward quarter of ship. Annex I, sec. 3(a) Percentage horizontal separation attained * X * 14.5 * an infraction. The revisions to the maximum monetary penalty allow for this flexibility. Further, the revision to the maximum penalty more accurately reflects the range of conduct covered by this regulation. List of Subjects in 39 CFR Part 232 Authority delegations (Government agencies), Crime, Federal buildings and facilities, Government property, Law enforcement officers, Postal Service, Security measures. For the reasons stated in the preamble, the Postal Service amends 39 CFR Part 232 as set forth below: ■ PART 232—[AMENDED] 1. The authority citation for part 232 continues to read as follows: ■ Authority: 18 U.S.C. 13, 3061; 21 U.S.C. 802, 844; 39 U.S.C. 401, 403(b)(3), 404(a)(7), 1201(2). 2. In § 232.1, paragraph (p)(2) is revised to read as follows: ■ § 232.1 Conduct on postal property. * * * * * (p) * * * (2) Whoever shall be found guilty of violating the rules and regulations in this section while on property under the charge and control of the Postal Service is subject to fine of not more than that allowed under title 18 of the United States Code or imprisonment of not E:\FR\FM\27JAR1.SGM 27JAR1

Agencies

[Federal Register Volume 75, Number 17 (Wednesday, January 27, 2010)]
[Rules and Regulations]
[Pages 4272-4273]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1524]


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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 JASON DUNHAM (DDG 109) 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 January 27, 2010 and is applicable 
beginning January 14, 2010.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Ted Cook, 
(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 JASON 
DUNHAM (DDG 109) 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 follows:

    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 alpha numerical order, by 
vessel number, an entry for USS JASON DUNHAM (DDG 109):
0
B. In Table Four, Paragraph 16 by adding, in alpha numerical order, by 
vessel number, an entry for USS JASON DUNHAM (DDG 109):
0
C. In Table Five, by adding, in alpha numerical order, by vessel 
number, an entry for USS JASON DUNHAM (DDG 109):


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

* * * * *

                         Table Four Paragraph 15
------------------------------------------------------------------------
                                                    Horizontal distance
                                                   from the fore and aft
               Vessel                   Number       centerline of the
                                                       vessel in the
                                                   athwartship direction
------------------------------------------------------------------------
 
                              * * * * * * *
USS JASON DUNHAM...................      DDG 109  1.89 meters.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

[[Page 4273]]



                         Table Four Paragraph 16
------------------------------------------------------------------------
                                                      Obstruction angle
             Vessel                     Number         relative ship's
                                                           headings
------------------------------------------------------------------------
 
                              * * * * * * *
USS JASON DUNHAM................            DDG 109  107.09 thru 112.50
                                                      [degrees].
 
 
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

                                                   Table Five
----------------------------------------------------------------------------------------------------------------
                                                                                          After
                                                            Masthead                    masthead
                                                           lights not      Forward     light less
                                                            over all      masthead     than \1/2\    Percentage
                                                          other lights  light not in     ship's      horizontal
                  Vessel                      Number          and          forward     length aft    separation
                                                         obstructions.   quarter of    of forward     attained
                                                         Annex I, sec.   ship. Annex    masthead
                                                              2(f)      I, sec. 3(a)  light. Annex
                                                                                      I, sec. 3(a)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
USS JASON DUNHAM.........................      DDG 109              X             X             X          14.5
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

    Approved: January 14, 2010.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
    Dated: January 19, 2010.
A.M. Vallandingham,
Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2010-1524 Filed 1-26-10; 8:45 am]
BILLING CODE 3810-FF-P