Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 58399-58401 [2011-24188]
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Federal Register / Vol. 76, No. 183 / Wednesday, September 21, 2011 / Rules and Regulations
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Dated: September 16, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011–24316 Filed 9–19–11; 12:30 pm]
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BILLING CODE 4160–01–P
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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
Department of the Navy, DoD.
Final rule.
AGENCY:
ACTION:
The Department of the Navy
(DoN)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 (DAJAG) (Admiralty and
Maritime Law) has determined that USS
FORT WORTH (LCS 3) 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 September
21, 2011 and is applicable beginning
September 8, 2011.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Jaewon Choi, JAGC, U.S.
Navy, Admiralty Attorney, (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 DoN amends 32 CFR part 706.
This amendment provides notice that
the DAJAG (Admiralty and Maritime
Law), under authority delegated by the
Secretary of the Navy, has certified that
USS FORT WORTH (LCS 3) 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 location of the height
of the forward masthead light above the
hull; Annex I, paragraph 3(a), pertaining
to the location of the forward masthead
light, and the horizontal separation
between the forward and after masthead
SUMMARY:
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58399
lights; Annex I, paragraph 2(i)iii,
pertaining to the spacing of the three
lights in the task light array; Rule 27,
paragraph (b)i, pertaining to the
verticality of the three all-round task
lights. The DAJAG (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, the Navy amends part 706 of
title 32 of the CFR 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 One, add, in alpha
numerical order by vessel number, an
entry for USS FORT WORTH (LCS 3);
■ B. In Table Four, under paragraph 22
add, in alphanumerical order by vessel
number, an entry for USS FORT
WORTH (LCS 3);
■ C. In Table Four, under paragraph 23
add, in alphanumerical order by vessel
number, an entry for USS FORT
WORTH (LCS 3); and
■ D. In Table Five add, in alpha
numerical order by vessel number, an
entry for USS FORT WORTH (LCS 3).
The additions read as follows:
■
§ 706.2 Certifications of the Secretary of
the Navy under Executive Order 11964 and
33 U.S.C. 1605.
*
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*
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58400
Federal Register / Vol. 76, No. 183 / Wednesday, September 21, 2011 / Rules and Regulations
TABLE ONE
Vessel
Number
Distance in meters of
forward masthead light
below minimum required
height. § 2(a)(i) Annex I
*
*
*
*
*
USS FORT WORTH .............................................................................................................................
*
LCS 3 ...............
*
5.965
*
*
*
*
*
*
*
*
*
*
*
*
22. * * *
TABLE FOUR
Vertical separation of
the task light array is
not equally spaced,
the separation between the middle and
lower task light exceed the separation
between the upper
and middle light by:
Vessel
Number
*
*
*
*
*
USS FORT WORTH .................................................................................................................................
*
LCS 3 ...............
*
0.41 meter
23. * * *
Vessel
Number
Verticality of lights,
when viewed directly
from the port or starboard, the lower task
light is out of alignment
with the upper and middle task light in meters
by:
USS FORT WORTH .................................................................................
LCS 3 ...............
........................................
*
*
*
*
*
*
*
*
*
Verticality of lights,
when viewed directly
from the bow or stern,
the lower task light is
out of alignment with the
upper and middle task
light in meters by:
0.21
*
*
*
TABLE FIVE
Vessel
*
USS FORT
WORTH.
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Number
Masthead lights not over
all other lights and obstructions. annex I, sec.
2(f)
*
LCS 3 ...............
*
........................................
*
*
*
*
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PO 00000
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Forward masthead light
not in forward quarter of
ship. annex I, sec. 3(a)
After mast-head light
less than 1/2 ship’s
length aft of forward
masthead light. annex I,
sec. 3(a)
*
X
Fmt 4700
*
X
*
Sfmt 4700
E:\FR\FM\21SER1.SGM
Percentage horizontal
separation attained
*
21SER1
*
23
*
Federal Register / Vol. 76, No. 183 / Wednesday, September 21, 2011 / Rules and Regulations
Approved: September 9, 2011.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy
Assistant Judge Advocate, General (Admiralty
and Maritime Law).
[FR Doc. 2011–24188 Filed 9–20–11; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0575]
RIN 1625–AA00
Safety Zone; Swim Around Charleston,
Charleston, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary moving safety
zone during the Swim Around
Charleston, a swimming race occurring
on waters of the Wando River, the
Cooper River, Charleston Harbor, and
the Ashley River, in Charleston, South
Carolina. The Swim Around Charleston
is scheduled to take place on Sunday,
October 23, 2011. The temporary safety
zone is necessary for the safety of the
swimmers, participant vessels,
spectators, and the general public
during the event. Persons and vessels
are prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port Charleston or
a designated representative.
DATES: This rule is effective from 10
a.m. until 4 p.m. on October 23, 2011.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2011–0575 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–0575 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at 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.
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If
you have questions on this temporary
final rule, call or e-mail Ensign John R.
Santorum, Sector Charleston Office of
Waterways Management, Coast Guard;
telephone 843–740–3184, e-mail
John.R.Santorum@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On July 1, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone; Swim Around
Charleston, Charleston, SC in the
Federal Register (76 FR 38586). We
received no comments on the proposed
rule. No public meeting was requested,
and none was held.
Dated: September 13, 2011.
J.M. Beal,
Lieutenant Commander, Office of the Judge
Advocate General, U.S. Navy, Federal
Register Liaison Officer.
ACTION:
58401
October 23, 2011. Persons and vessels
are prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port Charleston or
a designated representative. Persons and
vessels desiring to enter, transit through,
anchor in, or remain within the safety
zone may contact the Captain of the Port
Charleston by telephone at 843–740–
7050, or a designated representative via
VHF radio on channel 16, to request
authorization.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
FOR FURTHER INFORMATION CONTACT:
Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, 160.5; Pub. L. 107–295, 116 Stat.
2064; Department of Homeland Security
Delegation No. 0170.1.
The purpose of the rule is to ensure
the safety of the swimmers, participant
vessels, spectators, and the general
public during the Swim Around
Charleston.
Discussion of Comments and Changes
The Coast Guard did not receive any
comments to the proposed rule, and no
changes were made to the regulatory
text.
Discussion of Rule
On Sunday, October 23, 2011, the
Swim Around Charleston is scheduled
to take place on the waters of the Wando
River, the Cooper River, Charleston
Harbor, and the Ashley River, in
Charleston, South Carolina. The Swim
Around Charleston will consist of a 10mile swim that starts at Remley’s Point
on the Wando River, crosses the main
shipping channel of Charleston Harbor,
and finishes at the General William B.
Westmoreland Bridge on the Ashley
River.
This rule establishes a temporary
moving safety zone of a 75-yard radius
around the Swim Around Charleston
participant vessels that are officially
associated with the swim on the waters
of the Wando River, the Cooper River,
Charleston Harbor, and the Ashley
River, in Charleston, South Carolina.
The temporary safety zone will be
enforced from 10 a.m. until 4 p.m. on
PO 00000
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Fmt 4700
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Executive Order 12866 and Executive
Order 13563
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
The economic impact of this rule is
not significant for the following reasons:
(1) The safety zone will only be
enforced for a total of six hours; (2) the
safety zone will move with the
participant vessels so that once the
swimmers clear a portion of the
waterway, the safety zone will no longer
be enforced in that portion of the
waterway; (3) although persons and
vessels may not enter, transit through,
anchor in, or remain within the safety
zone without authorization from the
Captain of the Port Charleston or a
designated representative, they may
operate in the surrounding area during
the enforcement period; (4) persons and
vessels may still enter, transit through,
anchor in, or remain within the safety
zone if authorized by the Captain of the
Port Charleston or a designated
representative; and (5) the Coast Guard
will provide advance notification of the
safety zone to the local maritime
community by Local Notice to Mariners
and Broadcast Notice to Mariners.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
E:\FR\FM\21SER1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Rules and Regulations]
[Pages 58399-58401]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24188]
=======================================================================
-----------------------------------------------------------------------
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 (DoN)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 (DAJAG) (Admiralty and Maritime Law)
has determined that USS FORT WORTH (LCS 3) 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 September 21, 2011 and is applicable
beginning September 8, 2011.
FOR FURTHER INFORMATION CONTACT: Lieutenant Jaewon Choi, JAGC, U.S.
Navy, Admiralty Attorney, (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 DoN amends 32 CFR part 706.
This amendment provides notice that the DAJAG (Admiralty and
Maritime Law), under authority delegated by the Secretary of the Navy,
has certified that USS FORT WORTH (LCS 3) 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 location of the height of the
forward masthead light above the hull; Annex I, paragraph 3(a),
pertaining to the location of the forward masthead light, and the
horizontal separation between the forward and after masthead lights;
Annex I, paragraph 2(i)iii, pertaining to the spacing of the three
lights in the task light array; Rule 27, paragraph (b)i, pertaining to
the verticality of the three all-round task lights. The DAJAG
(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, the Navy amends part 706
of title 32 of the CFR 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 One, add, in alpha numerical order by vessel number, an
entry for USS FORT WORTH (LCS 3);
0
B. In Table Four, under paragraph 22 add, in alphanumerical order by
vessel number, an entry for USS FORT WORTH (LCS 3);
0
C. In Table Four, under paragraph 23 add, in alphanumerical order by
vessel number, an entry for USS FORT WORTH (LCS 3); and
0
D. In Table Five add, in alpha numerical order by vessel number, an
entry for USS FORT WORTH (LCS 3).
The additions read as follows:
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
[[Page 58400]]
Table One
----------------------------------------------------------------------------------------------------------------
Distance in meters of
forward masthead light
Vessel Number below minimum required
height. Sec. 2(a)(i)
Annex I
----------------------------------------------------------------------------------------------------------------
* * * * * * *
USS FORT WORTH................................ LCS 3................................. 5.965
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
22. * * *
Table Four
----------------------------------------------------------------------------------------------------------------
Vertical separation of the task light
array is not equally spaced, the
separation between the middle and
Vessel Number lower task light exceed the
separation between the upper and
middle light by:
----------------------------------------------------------------------------------------------------------------
* * * * * * *
USS FORT WORTH.......................... LCS 3.......................... 0.41 meter
----------------------------------------------------------------------------------------------------------------
23. * * *
----------------------------------------------------------------------------------------------------------------
Verticality of lights,
when viewed directly Verticality of lights,
from the port or when viewed directly
starboard, the lower from the bow or stern,
Vessel Number task light is out of the lower task light is
alignment with the upper out of alignment with
and middle task light in the upper and middle
meters by: task light in meters by:
----------------------------------------------------------------------------------------------------------------
USS FORT WORTH................... LCS 3.................... ........................ 0.21
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Table Five
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
After mast-head light
Masthead lights not over Forward masthead light less than 1/2 ship's
Vessel Number all other lights and not in forward quarter length aft of forward Percentage horizontal
obstructions. annex I, of ship. annex I, sec. masthead light. annex I, separation attained
sec. 2(f) 3(a) sec. 3(a)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
USS FORT WORTH................................. LCS 3.................................. ........................ X X 23
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 58401]]
Approved: September 9, 2011.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General
(Admiralty and Maritime Law).
Dated: September 13, 2011.
J.M. Beal,
Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy,
Federal Register Liaison Officer.
[FR Doc. 2011-24188 Filed 9-20-11; 8:45 am]
BILLING CODE 3810-FF-P
