Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972; Correction, 68097-68098 [2011-28479]
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Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Rules and Regulations
(d)(1) Investigative settlements. At any
time after the filing of a complaint, and
before the findings and/or order are
objected to or become a final order by
operation of law, the case may be settled
if the Assistant Secretary, the
complainant and the respondent agree
to a settlement. The Assistant
Secretary’s approval of a settlement
reached by the respondent and the
complainant demonstrates his or her
consent and achieves the consent of all
three parties.
(2) Adjudicatory settlements. At any
time after the filing of objections to the
Assistant Secretary’s findings and/or
order, the case may be settled if the
participating parties agree to a
settlement and the settlement is
approved by the ALJ if the case is before
the judge, or by the ARB if the ARB has
accepted the case for review. A copy of
the settlement will be filed with the ALJ
or the ARB, as the case may be.
(e) Any settlement approved by the
Assistant Secretary, the ALJ, or the ARB,
will constitute the final order of the
Secretary and may be enforced pursuant
to § 1980.113.
§ 1980.112
Judicial review.
(a) Within 60 days after the issuance
of a final order under §§ 1980.109 and
1980.110, any person adversely affected
or aggrieved by the order may file a
petition for review of the order in the
United States Court of Appeals for the
circuit in which the violation allegedly
occurred or the circuit in which the
complainant resided on the date of the
violation.
(b) A final order of the ARB is not
subject to judicial review in any
criminal or other civil proceeding.
(c) If a timely petition for review is
filed, the record of a case, including the
record of proceedings before the ALJ,
will be transmitted by the ARB to the
appropriate court pursuant to the
Federal Rules of Appellate Procedure
and the local rules of such court.
srobinson on DSK4SPTVN1PROD with RULES
§ 1980.113
16:15 Nov 02, 2011
Jkt 226001
§ 1980.114 District court jurisdiction of
retaliation complaints.
(a) If the Secretary has not issued a
final decision within 180 days of the
filing of the complaint, and there is no
showing that there has been delay due
to the bad faith of the complainant, the
complainant may bring an action at law
or equity for de novo review in the
appropriate district court of the United
States, which will have jurisdiction over
such an action without regard to the
amount in controversy. A party to an
action brought under this paragraph
shall be entitled to trial by jury.
(b) Within seven days after filing a
complaint in Federal court, a
complainant must file with the
Assistant Secretary, the ALJ, or the ARB,
depending on where the proceeding is
pending, a copy of the file-stamped
complaint. A copy of the complaint also
must be served on the Regional
Administrator, the Assistant Secretary,
Occupational Safety and Health
Administration, and on the Associate
Solicitor, Division of Fair Labor
Standards, U.S. Department of Labor.
§ 1980.115
of rules.
Special circumstances; waiver
In special circumstances not
contemplated by the provisions of this
part, or for good cause shown, the ALJ
or the ARB on review may, upon
application, after three days notice to all
parties, waive any rule or issue any
orders that justice or the administration
of the Act requires.
[FR Doc. 2011–28274 Filed 11–2–11; 8:45 am]
BILLING CODE 4510–26–P
Judicial enforcement.
Whenever any person has failed to
comply with a preliminary order of
reinstatement, or a final order, including
one approving a settlement agreement,
issued under the Act, the Secretary or a
person on whose behalf the order was
issued may file a civil action seeking
enforcement of the order in the United
States district court for the district in
which the violation was found to have
occurred. In such civil actions, the
district court will have jurisdiction to
grant all appropriate relief, including,
but not limited to, injunctive relief and
compensatory damages, including:
VerDate Mar<15>2010
(a) Reinstatement with the same
seniority status that the employee
would have had, but for the discharge
or retaliation;
(b) The amount of back pay, with
interest; and
(c) Compensation for any special
damages sustained as a result of the
discharge or retaliation, including
litigation costs, expert witness fees, and
reasonable attorney’s fees.
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 706
Department of the Navy, DoD.
ACTION: Correcting amendment.
AGENCY:
Frm 00041
Fmt 4700
The Department of the Navy
(DoN) published a final rule in the
Federal Register (76 FR 58399) of
September 21, 2011, concerning
certifications and exemptions under the
International Regulations for Preventing
collisions at Sea, 1972 (72 COLREGS).
The document added an entry to Table
Four, paragraph 23, in § 706.2. The
existing table has three columns and the
proposed entry has four columns. This
correcting amendment corrects that
information.
SUMMARY:
DATES:
Effective November 3, 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 Avenue SE., Suite
3000, Washington Navy Yard, DC
20374–5066, telephone number: (202)
685–5040.
Pursuant
to the authority granted in 33 U.S.C.
1605, the DoN amends 32 CFR part 706.
This amendment provides notice that
the Deputy Assistant Judge Advocate
General (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: 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.
SUPPLEMENTARY INFORMATION:
List of Subjects in 32 CFR Part 706
Certifications and Exemptions Under
the International Regulations for
Preventing Collisions at Sea, 1972;
Correction
PO 00000
68097
Sfmt 4700
Marine safety, Navigation (water), and
Vessels.
Accordingly, 32 CFR part 706 is
corrected pursuant to the authority
granted in 33 U.S.C. 1605 by making the
following correcting amendments:
E:\FR\FM\03NOR1.SGM
03NOR1
68098
Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Rules and Regulations
PART 706—CERTIFICATIONS AND
EXEMPTIONS UNDER THE
INTERNATIONAL REGULATIONS FOR
PREVENTING COLLISIONS AT SEA,
1972
Authority: 33 U.S.C. 1605.
§ 706.2 Certifications of the Secretary of
the Navy Under Executive Order 11964 and
33 U.S.C. 1605.
2. Section 706.2 is amended in Table
Four, under paragraph 23, by revising
the table to read as follows:
■
*
*
*
*
*
*
*
23. * * *
*
*
Table Four
*
1. The authority citation for part 706
continues to read as follows:
■
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:
USV ...............................................................................
11MUCO601 ................................
11MUCO602 ................................
11MUCO603 ................................
11MUCO604 ................................
LCS 3 ...........................................
0.85
0.85
0.85
0.85
........................................
USS FORT WORTH .....................................................
*
*
*
*
*
Approved: October 24, 2011.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy
Assistant Judge Advocate, General (Admiralty
and Maritime Law).
[FR Doc. 2011–28479 Filed 11–2–11; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0991]
Drawbridge Operation Regulations;
Long Island, New York Inland
Waterway From East Rockaway Inlet to
Shinnecock Canal, NY
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the Captree State
Parkway Bridge at mile 30.7, across the
State Boat Channel at Captree Island,
New York. The deviation is necessary to
facilitate emergency bridge repairs as a
result of a recent fire at the bridge. This
deviation allows the bridge to open on
a limited opening schedule to help
facilitate necessary repairs.
DATES: This deviation is effective from
October 28, 2011 through January 31,
2012.
srobinson on DSK4SPTVN1PROD with RULES
SUMMARY:
Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2011–
ADDRESSES:
VerDate Mar<15>2010
16:15 Nov 02, 2011
Jkt 226001
0991 and are available online at
https://www.regulations.gov, inserting
USCG–2011–0991 in the ‘‘Keyword’’
and then clicking ‘‘Search’’. They are
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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Ms. Judy Leung-Yee, Project
Officer, First Coast Guard District,
judy.k.leung-yee@uscg.mil, or telephone
(212) 668–7165. If you have questions
on viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION: The
Captree State Parkway Bridge, across the
State Boat Channel at mile 30.7, at
Captree Island, New York, has a vertical
clearance in the closed position of 29
feet at mean high water and 30 feet at
mean low water. The drawbridge
operation regulations are listed at 33
CFR 117.799(i).
The waterway users are recreational
vessels of various sizes. The bridge
opened 7 times in both June and July,
3 openings in August, and 6 openings in
September. During the winter months
the bridge rarely opens since the
recreational vessels that transit this
waterway are normally in winter
storage.
The owner of the bridge, New York
State Department of Transportation,
requested a temporary deviation from
the regulations to help facilitate
emergency repairs at the bridge as a
result of a recent fire at the bridge on
October 9, 2011.
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
Verticality of lights, when
viewed directly from the
bow or stern, the lower
task light is with out of
alignment the upper and
middle task light in
meters by:
........................................
........................................
........................................
........................................
0.21
Under this temporary deviation the
Captree State Parkway Bridge shall
operate as follows: from October 28,
2011 through January 31, 2012, the draw
shall open every three hours between
8 a.m. and 5 p.m., after at least a twohour advance notice is given by calling
the number posted at the bridge, (631)
904–3050. Vessels that can pass under
the bridge in the closed position may do
so at any time.
The Coast Guard believes that this
temporary deviation should meet the
reasonable needs of navigation because
the recreational users that normally use
this bridge are recreational vessels that
do not operate during the winter months
when this deviation will be in effect.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: October 24, 2011.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 2011–28446 Filed 11–2–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0615]
RIN 1625–AA00
Safety Zone; Fourth Annual Chillounge
Night St. Petersburg Fireworks
Display, Tampa Bay, St. Petersburg, FL
AGENCY:
E:\FR\FM\03NOR1.SGM
Coast Guard, DHS.
03NOR1
]]>Agencies
[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Rules and Regulations]
[Pages 68097-68098]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28479]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 706
Certifications and Exemptions Under the International Regulations
for Preventing Collisions at Sea, 1972; Correction
AGENCY: Department of the Navy, DoD.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: The Department of the Navy (DoN) published a final rule in the
Federal Register (76 FR 58399) of September 21, 2011, concerning
certifications and exemptions under the International Regulations for
Preventing collisions at Sea, 1972 (72 COLREGS). The document added an
entry to Table Four, paragraph 23, in Sec. 706.2. The existing table
has three columns and the proposed entry has four columns. This
correcting amendment corrects that information.
DATES: Effective November 3, 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 Avenue
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 Deputy Assistant Judge
Advocate General (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: 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.
Accordingly, 32 CFR part 706 is corrected pursuant to the authority
granted in 33 U.S.C. 1605 by making the following correcting
amendments:
[[Page 68098]]
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 in Table Four, under paragraph 23, by
revising the table to read as follows:
Sec. 706.2 Certifications of the Secretary of the Navy Under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
Table Four
* * * * *
23. * * *
----------------------------------------------------------------------------------------------------------------
Verticality of lights, Verticality of lights,
when viewed directly when viewed directly
from the port or from the bow or stern,
starboard, the lower the lower task light is
Vessel Number task light is out of with out of alignment
alignment with the the upper and middle
upper and middle task task light in meters
light in meters by: by:
----------------------------------------------------------------------------------------------------------------
USV.................................. 11MUCO601.............. 0.85 .......................
11MUCO602.............. 0.85 .......................
11MUCO603.............. 0.85 .......................
11MUCO604.............. 0.85 .......................
USS FORT WORTH....................... LCS 3.................. ....................... 0.21
----------------------------------------------------------------------------------------------------------------
* * * * *
Approved: October 24, 2011.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General
(Admiralty and Maritime Law).
[FR Doc. 2011-28479 Filed 11-2-11; 8:45 am]
BILLING CODE 3810-FF-P
