Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 63224-63225 [2012-25416]
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63224
Federal Register / Vol. 77, No. 200 / Tuesday, October 16, 2012 / Rules and Regulations
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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
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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
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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.
*
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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:
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14:24 Oct 15, 2012
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*
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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
