Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 63224-63225 [2012-25416]

Download as PDF 63224 Federal Register / Vol. 77, No. 200 / Tuesday, October 16, 2012 / Rules and Regulations pmangrum on DSK3VPTVN1PROD with RULES indemnification implicit in the NanoRacks cross-waiver, as discussed above, for claims for property damage, because the parties expressly waive claims for property damage. It is a different matter with respect to employees. The parties may not waive claims on behalf of their employees. Additionally, here, the NanoRacks cross-waiver does not address employee claims in the first instance. This does not interfere with the FAA’s ability to grant SpaceX’s request for a waiver with respect to the student customers because they presumably do not have employees. However, NanoRacks itself does have employees. If any of them were to be at risk at the launch site, the FAA might not have been able to grant SpaceX’s request for a waiver with respect to NanoRacks itself. SpaceX recently advised the FAA, however, that it was its understanding that no NanoRacks employees would be present at the launch site during the flight. The final issue the FAA must consider is that NASA’s regulations provide that the NASA cross-waiver is not applicable when 51 U.S.C. Subtitle V, Chapter 509 is applicable.8 14 CFR 1266.102(c)(6). At first glance, this might create the impression that the NanoRacks cross-waiver does not apply when a launch or reentry is conducted under FAA license. However, by waiving the requirement that all customers sign, the FAA is not applying the specific requirements of Chapter 509 to NanoRacks and each SSEP participant. Accordingly, the NanoRacks agreement should retain legal effect. This waiver implicates no safety, national security or foreign policy issues. The waiver is consistent with the public interest goals of Chapter 509. Under 51 U.S.C. 50914, Congress determined that it was necessary to reduce the costs associated with insurance and litigation by requiring launch participants, including customers, to waive claims against each other. Because the NanoRacks Agreement under 14 CFR part 1266 accomplishes these goals by the same or similar means, the FAA finds this request in the public interest, and grants the waiver with respect to NanoRacks and the SSEP participants in reliance on the representations SpaceX made in its 8 The provision was not incorporated into the NanoRacks Agreement. VerDate Mar<15>2010 14:24 Oct 15, 2012 Jkt 229001 petition and subsequent communications. Issued in Washington, DC, on October 5, 2012. Kenneth Wong, Manager, Licensing and Evaluation Division, Office of Commercial Space Transportation, Federal Aviation Administration. [FR Doc. 2012–25419 Filed 10–15–12; 8:45 am] BILLING CODE 4910–13–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: 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 PELELIU (LHA 5) 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 October 16, 2012 and is applicable beginning October 3, 2012. FOR FURTHER INFORMATION CONTACT: Lieutenant Jocelyn Loftus-Williams, 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 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 PELELIU (LHA 5) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with the following specific SUMMARY: PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 provisions of 72 COLREGS without interfering with its special function as a naval ship: Annex I, paragraph 3(a) pertaining to the horizontal distance between the forward and aft masthead lights; Rule 21(a) pertaining to placement of masthead lights over the fore and aft centerline of the vessel; Annex I, paragraph 2(g) pertaining to the placement of sidelights above the hull of the vessel; Annex I, paragraph 2(i)(iii) pertaining to the vertical position and spacing of 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, amend 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 Two by revising the entry for USS PELELIU (LHA 5); ■ B. In Table Three by adding, in alpha numerical order, by vessel number, an entry for USS PELELIU (LHA 5); and ■ C. In Table Four, paragraph 22, by adding, in alpha numerical order, by vessel number, an entry for USS PELELIU (LHA 5). ■ § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * E:\FR\FM\16OCR1.SGM * * 16OCR1 * * 63225 Federal Register / Vol. 77, No. 200 / Tuesday, October 16, 2012 / Rules and Regulations TABLE TWO Vessel Number * USS PELELIU LHA 5 * * * * Forward anchor light, distance below flight dk in meters; § 2(K), Annex I Masthead lights, distance to stbd of keel in meters; Rule 21(a) * * * 10.13 AFT anchor light, number of; Rule 30(a)(ii) Side lights, distance below flight dk in meters; § 2(g), Annex I * 2.64 * * Side lights, distance forward of forward masthead light in meters; § 3(b), Annex I * 4 * * AFT anchor light, distance below flight dk in meters; Rule 21(e), Rule 30(a)(ii) Forward anchor light, number of; Rule 30(a)(i) * Side lights, distance inboard of ship’s sides in meters; § 3(b), Annex I * 70.05 * * * TABLE THREE Vessel Number * USS PELELIU ... LHA 5 * * * * Masthead Lights arc of visibility rule 21(a) * Side lights distance in board of ship’s sides in meters 3(b) annex 1 Forward anchor light height above hull in meters; 2(K) annex 1 Stern light, distance forward of stern in meters; rule 21(c) anchor lights relationship of aft light to forward light in meters (2K) annex 1 * * * * * * * * * * 214.5 * * Stern light arc of visibility; rule 21(c) Side light arc of visibility; rule 21(b) * 22. * * * TABLE FOUR Vessel Number * USS PELELIU .. LHA 5 * * * 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 * * * * * * Approved: October 3, 2012. A.B. Fischer, Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law). Dated: October 9, 2012 C.K. Chiappetta, Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2012–25416 Filed 10–15–12; 8:45 am] BILLING CODE 3810–FF–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 3 RIN 2900–AO09 Extension of Statutory Period for Compensation for Certain Disabilities Due to Undiagnosed Illnesses and Medically Unexplained Chronic MultiSymptom Illnesses Department of Veterans Affairs. Final rule. AGENCY: ACTION: The Department of Veterans Affairs (VA) is issuing this final rule to affirm an amendment to its adjudication regulation regarding compensation for disabilities experienced by veterans who served in the Southwest Asia Theater of Operations during the Persian Gulf War. This amendment is necessary to extend the period during which disabilities associated with pmangrum on DSK3VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:24 Oct 15, 2012 * * 0.18 meter. Jkt 229001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 undiagnosed illnesses and medically unexplained chronic multi-symptom illnesses must become manifest in order for a veteran to be eligible for compensation. Additionally, in this final rule, VA will correct the adjudication section title that was amended and published in the Federal Register on September 29, 2010, but inadvertently changed to the original title. Effective Date: This rule is effective October 16, 2012. Applicability Date: The provisions of this final rule shall apply to all applications for benefits that are or have been received by VA on or after December 29, 2011, or that were pending before VA, the United States Court of Appeals for Veterans Claims, or the United States Court of Appeals for the Federal Circuit on December 29, 2011. DATES: E:\FR\FM\16OCR1.SGM 16OCR1

Agencies

[Federal Register Volume 77, Number 200 (Tuesday, October 16, 2012)]
[Rules and Regulations]
[Pages 63224-63225]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25416]


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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 (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 PELELIU (LHA 5) 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 October 16, 2012 and is applicable 
beginning October 3, 2012.

FOR FURTHER INFORMATION CONTACT: Lieutenant Jocelyn Loftus-Williams, 
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 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 PELELIU (LHA 5) 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 3(a) 
pertaining to the horizontal distance between the forward and aft 
masthead lights; Rule 21(a) pertaining to placement of masthead lights 
over the fore and aft centerline of the vessel; Annex I, paragraph 2(g) 
pertaining to the placement of sidelights above the hull of the vessel; 
Annex I, paragraph 2(i)(iii) pertaining to the vertical position and 
spacing of 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, amend 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 Two by revising the entry for USS PELELIU (LHA 5);
0
B. In Table Three by adding, in alpha numerical order, by vessel 
number, an entry for USS PELELIU (LHA 5); and
0
C. In Table Four, paragraph 22, by adding, in alpha numerical order, by 
vessel number, an entry for USS PELELIU (LHA 5).


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

* * * * *

[[Page 63225]]



                                                                        Table Two
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Forward                                                            Side lights,
                                                           anchor                    AFT anchor                 Side lights,    distance    Side lights,
                                            Masthead       light,        Forward       light,      AFT anchor     distance     forward of     distance
                                             lights,      distance       anchor       distance       light,     below flight     forward     inboard of
           Vessel               Number     distance to  below flight     light,     below flight   number of;       dk in       masthead    ship's sides
                                          stbd of keel      dk in      number of;       dk in         Rule      meters; Sec.    light in     in meters;
                                           in meters;   meters; Sec.      Rule      meters; Rule    30(a)(ii)        2(g),    meters; Sec.  Sec.   3(b),
                                           Rule 21(a)        2(K),      30(a)(i)     21(e), Rule                   Annex I         3(b),       Annex I
                                                           Annex I                    30(a)(ii)                                  Annex I
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
USS PELELIU.................      LHA 5         10.13   ............            4   ............  ............         2.64         70.05   ............
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

                                                                                           Table Three
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                                   anchor lights
                                                                                                                                    Side lights    Stern light,   Forward anchor   relationship
                                                                                     Masthead     Side light arc    Stern light     distance in      distance      light height    of aft light
                             Vessel                                   Number       Lights arc of  of visibility;      arc of         board of       forward of     above hull in    to forward
                                                                                    visibility      rule 21(b)      visibility;    ship's sides      stern in      meters; 2(K)      light in
                                                                                    rule 21(a)                      rule 21(c)    in meters 3(b)   meters; rule       annex 1       meters (2K)
                                                                                                                                      annex 1          21(c)                          annex 1
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                          * * * * * * *
USS PELELIU.....................................................          LHA 5           214.5   ..............  ..............  ..............  ..............  ..............  ..............
 
                                                                                          * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    22. * * *

                               Table Four
------------------------------------------------------------------------
                                              Vertical separation of the
                                                task light array is not
                                                  equally spaced, the
                                                separation between the
           Vessel                 Number         middle and lower task
                                                   light exceed the
                                                separation between the
                                               upper and middle light by
------------------------------------------------------------------------
 
                              * * * * * * *
USS PELELIU................           LHA 5   0.18 meter.
------------------------------------------------------------------------

* * * * *

    Approved: October 3, 2012.
A.B. Fischer,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
    Dated: October 9, 2012
C.K. Chiappetta,
Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2012-25416 Filed 10-15-12; 8:45 am]
BILLING CODE 3810-FF-P