Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 11116-11118 [2016-04547]

Download as PDF mstockstill on DSK4VPTVN1PROD with RULES 11116 Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Rules and Regulations locally as County Road M64 (Needham Avenue/Center Street) at Wall Lake, Iowa; then (21) Proceed south on County Road M64 approximately 6.2 miles to a road known locally as County Road E16 (120th Street); then (22) Proceed east into Carroll County, Iowa, on County Road E16 approximately 6 miles, crossing onto the Carroll, Iowa map, to Breda, Iowa, and then continue east on State Highway 217 (East Main Street) approximately 5 miles to U.S. Highway 71; then (23) Proceed south on U.S. Highway 71 approximately 3 miles to a road known locally as County Road E26 (140th Street); then (24) Proceed east on County Road E26 approximately 5 miles to a road known locally as County Road N38 (Quail Avenue); then (25) Proceed south on County Road N38 approximately 5 miles to U.S. Highway 30 (Lincoln Highway); then (26) Proceed east on U.S. Highway 30 approximately 3 miles to a road known locally as County Road N44 (Colorado Street) in Glidden, Iowa; then (27) Proceed south on County Road N44 approximately 8 miles, crossing onto the Guthrie Center, Iowa map, to a road known locally as County Road E57 (280th Street); then (28) Proceed east on County Road E57 approximately 2 miles to a road known locally as County Road N44 (Velvet Avenue); then (29) Proceed south on County Road N44 approximately 5.4 miles to State Highway 141 (330th Street) at Coon Rapids, Iowa; then (30) Proceed west on State Highway 141 approximately 12 miles to U.S. Highway 71 at Lynx Avenue southeast of Templeton, Iowa; then (31) Proceed south on U.S. Highway 71 approximately 35.9 miles, crossing into Audubon County, Iowa, and then Cass County, Iowa, and onto the Creston, Iowa map, to U.S. Highway 6/ State Highway 83 east of Atlantic, Iowa; then (32) Proceed west, then southwest, then west on U.S. Highway 6 approximately 18.9 miles, crossing onto the Omaha, Nebraska-Iowa map and into Pottawattamie County, Iowa, to a road known locally as County Road M47 (500th Street) approximately 1 mile west of Walnut Creek; then (33) Proceed south on County Road M47 approximately 12 miles, crossing into Montgomery County, Iowa to a road known locally as County Road H12 (110th Street); then (34) Proceed west on County Road H12 approximately 8.9 miles, crossing VerDate Sep<11>2014 17:47 Mar 02, 2016 Jkt 238001 into Mills County, Iowa, to U.S. Highway 59; then (35) Proceed south on U.S. Highway 59 approximately 20.2 miles, crossing onto the Nebraska City, Nebraska-IowaMissouri map and into Page County, Iowa, to a road known locally as County Road J14 (130th Street); then (36) Proceed east on County Road J14 approximately 4 miles to a road known locally as County Road M41 (D Avenue); then (37) Proceed south on County Road M41 approximately 1.7 miles to State Highway 48 at Essex, Iowa; then (38) Proceed northeast then east on State Highway 48 approximately 1.2 miles to a road known locally as County Road M41 (E Avenue); then (39) Proceed south on County Road M41 approximately 7 miles to State Highway 2 (210th Street); then (40) Proceed east on State Highway 2 approximately 8 miles to a road known locally as M Avenue; then (41) Proceed south on M Avenue, then east on a road known locally as County Road M60 (Maple Avenue), approximately 6.4 total miles, to a road known locally as County Road J52 (270th Street); then (42) Proceed south in a straight line approximately 3.5 miles to the intersection of 304th Street and Maple Avenue (approximately 1.2 miles southwest of College Springs, Iowa), and then continue south on Maple Avenue for 0.5 mile to a road known locally as County Road J64 (310th Street); then (43) Proceed west on County Road J64 approximately 4.5 miles to a road known locally as County Road M48 (Hackberry Avenue); then (44) Proceed south on County Road M48 approximately 1.2 miles to the Iowa-Missouri State line at Blanchard, Iowa, and, crossing into Atchison County, Missouri, where County Road M48 becomes State Road M, and continue generally south on State Road M approximately 11.2 miles, crossing onto the Falls City, Nebraska-Missouri map, to U.S. Highway 136; then (45) Proceed west on U.S. Highway 136 approximately 1 mile to State Road N; then (46) Proceed south on State Road N 15 miles, crossing into Holt County, Missouri, to State Road C; then (47) Proceed west then south on State Road C approximately 3 miles to U.S. Highway 59; then (48) Proceed northwest on U.S. Highway 59 approximately 2 miles to the highway’s first intersection with Interstate Highway 29 near Craig, Missouri; then (49) Proceed generally north along Interstate Highway 29, crossing into PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Atchison County, Missouri, and onto the Nebraska City, Nebraska-IowaMissouri map, and continuing into Freemont County and Mills County, Iowa, then crossing onto the Omaha, Nebraska-Iowa map and into Pottawattamie County, Iowa; then crossing onto the Harlan, Iowa-Nebraska map and into Harrison County, Iowa; then continuing onto the Blair, Nebraska-Iowa map and into Monona County, Iowa; then crossing onto the Sioux City South, Iowa-Nebraska-South Dakota Map and into Woodbury County for a total of approximately 185 miles, to the intersection of Interstate Highway 29 with the Big Sioux River at Sioux City, Iowa; then (50) Proceed generally north (upstream) along the meandering Big Sioux River, crossing onto the Sioux City North, Iowa-South Dakota-Nebraska map and into Plymouth County and Sioux County, Iowa, and continuing onto the Rock Rapids, Iowa-South Dakota map for a total of approximately 50 miles, returning to the beginning point. Signed: January 29, 2016. John J. Manfreda, Administrator. Approved: February 11, 2016. Timothy E. Skud, Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy). [FR Doc. 2016–04760 Filed 3–2–16; 8:45 am] BILLING CODE 4810–31–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 JOHN P MURTHA (LPD 26) 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. SUMMARY: E:\FR\FM\03MRR1.SGM 03MRR1 11117 Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Rules and Regulations This rule is effective March 3, 2016 and is applicable beginning January 13, 2016. FOR FURTHER INFORMATION CONTACT: Commander Theron R. Korsak, (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 JOHN P MURTHA (LPD 26) 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 (i)(i), Rule 27 (a)(i) and (b)(i), pertaining to the placement of allround task lights in a vertical line; Annex I, paragraph 3(a), pertaining to DATES: the horizontal distance between the forward and after masthead lights; and Annex I, paragraph 2(k) as described in Rule 30 (a)(i), pertaining to the vertical separation between anchor 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 DoN amends 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: ■ Authority: 33 U.S.C. 1605. 2. Section 706.2 is amended by: ■ a. In Table Three, adding, in alpha numerical order, by vessel number, an entry for USS JOHN P MURTHA (LPD 26); ■ b. In Table Four, paragraph 20., adding, in alpha numerical order, by vessel number, an entry for USS JOHN P MURTHA (LPD 26); and ■ c. In Table Five, by adding, in alpha numerical order, by vessel number, an entry for USS JOHN P MURTHA (LPD 26). ■ § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * * TABLE THREE Vessel * USS JOHN P MURTHA. * LPD 26 ...... * * * * Stern light arc of visibility; rule 21(c) ...................... * ...................... * ...................... * ...................... * * Side lights arc of visibility; rule 21(b) Masthead lights arc of visibility; rule 21(a) Number Side lights distance inboard of ship’s sides in meters 3(b) Annex 1 * * * Forward anchor light, height above hull in meters; 2(k) Annex 1 Anchor lights relationship of aft light to forward light in meters 2(k) Annex 1 * ...................... ...................... * 1.72 below. Stern light, distance forward of stern in meters; rule 21(c) * * * 20. * * * TABLE FOUR Vessel Number Angle in degrees of task lights off vertical as viewed from directly ahead or astern USS JOHN P MURTHA LPD 26 10 * mstockstill on DSK4VPTVN1PROD with RULES * * * * VerDate Sep<11>2014 * * * * * * 17:47 Mar 02, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM 03MRR1 * 11118 Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Rules and Regulations TABLE FIVE Forward masthead light not in forward quarter of ship. Annex I, sec. 3(a) After masthead light less than 1/2 ship’s length aft of forward masthead light. Annex I, sec. 3(a) Percentage horizontal separation attained Vessel Number Masthead lights not over all other lights and obstructions. Annex I, sec. 2(f) * * USS JOHN P MURTHA ............................ * LPD 26 ............. * .............................. * .............................. * X * 71 * * * * * * * Approved: January 13, 2016. A.B. Fischer, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law). Dated: February 17, 2016. N.A. Hagerty-Ford, Commander, Judge Advocate General’s Corps, U.S. Navy, Federal Register Liaison Officer Folder on the line associated with this rulemaking. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Lee Soule, Bridge Management Specialist, Ninth Coast Guard District; telephone (216) 902– 6085, email lee.d.soule@uscg.mil. SUPPLEMENTARY INFORMATION: [FR Doc. 2016–04547 Filed 3–2–16; 8:45 am] I. Table of Abbreviations BILLING CODE 3810–FF–P CFR Code of Federal Regulations DHS Department of Homeland Security E.O. Executive Order FR Federal Register NPRM Notice of proposed rulemaking SNPRM Supplemental notice of proposed rulemaking Pub. L. Public Law § Section U.S.C. United States Code DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2015–0934] RIN 1625–AA09 Drawbridge Operation Regulation; Saginaw River, Bay City, MI Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is amending its regulations regarding drawbridge operations in Saginaw River, Bay City, MI. In a final rule entitled, ‘‘Drawbridge Operation Regulation; Saginaw River, Bay City, MI’’ that appeared in the Federal Register on April 12, 2012, the Coast Guard revised the drawbridge opening schedules for the Saginaw River and inadvertently excluded the CSX Railroad Bridge and the Grand Trunk Western Railroad Bridge. This document amends the regulations by adding these two bridges back into the regulations. DATES: This rule is effective March 3, 2016. mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type [USCG– 2015–0934] in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket ADDRESSES: VerDate Sep<11>2014 17:47 Mar 02, 2016 Jkt 238001 II. Background Information and Regulatory History The Coast Guard is issuing this final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the publishing of the original final rule [Docket No. USCG–2011–1013] omitted regulatory language that was published in the previous rulemaking NPRM, but was inadvertently left out of the final rule published on April 12, 2012. Therefore, it is unnecessary to issue a rule without prior notice and opportunity to comment because the public was already provided an opportunity to comment on these provisions, had no objections during the previous comment period, and the operation of the bridges is consistent PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 with this rule. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective in less than 30 days after publication in the Federal Register. The regulation change has already taken place and the correction of the regulation will not affect mariners currently operating on this waterway. Therefore, a delayed effective date is unnecessary. The NPRM for the regulations, published on December 8, 2011 (76 FR 76637), proposed to revise § 117.647. At the end of the rule, the following characters were included in the NPRM: ‘‘* * * * *.’’ These characters indicated the Coast Guard’s intention to retain paragraphs (c) and (d) which were included in the regulations at the time of the NPRM regarding the CSX Railroad Bridge located at mile 18.0 over the Saginaw River and the Grand Trunk Western Railroad Bridge located at mile 19.2 of the Saginaw River. However, the final rule, which was published on April 24, 2012 (77 FR 21864), did not preserve these paragraphs. The purpose of this amendment is to ensure that the regulation accurately reflects the original intention and inclusion of these inadvertently omitted paragraphs. III. Discussion of Final Rule The purpose of this rule is to correct 33 CFR 117.647 in the Code of Federal Regulations. As noted above, this rule restores language that was previously excluded. This rule is correcting the regulation in 33 CFR 117.647 by restoring the listing of drawbridges allowed to remain closed. The CSX Railroad Bridge located at mile 18.0 of the Saginaw River and the Grand Trunk Western Railroad Bridge located on mile 19.2 of the Saginaw River will retain their current operating schedule. This rule will not affect waterway traffic or land transportation needs because the status of the two drawbridges has been in effect since 1994. E:\FR\FM\03MRR1.SGM 03MRR1

Agencies

[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Rules and Regulations]
[Pages 11116-11118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04547]


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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 JOHN P MURTHA (LPD 26) 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.

[[Page 11117]]


DATES: This rule is effective March 3, 2016 and is applicable beginning 
January 13, 2016.

FOR FURTHER INFORMATION CONTACT: Commander Theron R. Korsak, (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 JOHN P MURTHA (LPD 26) 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 (i)(i), Rule 27 (a)(i) and (b)(i), pertaining to the 
placement of all-round task lights in a vertical line; Annex I, 
paragraph 3(a), pertaining to the horizontal distance between the 
forward and after masthead lights; and Annex I, paragraph 2(k) as 
described in Rule 30 (a)(i), pertaining to the vertical separation 
between anchor 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 DoN amends 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:

     Authority:  33 U.S.C. 1605.


0
2. Section 706.2 is amended by:
0
a. In Table Three, adding, in alpha numerical order, by vessel number, 
an entry for USS JOHN P MURTHA (LPD 26);
0
b. In Table Four, paragraph 20., adding, in alpha numerical order, by 
vessel number, an entry for USS JOHN P MURTHA (LPD 26); and
0
c. In Table Five, by adding, in alpha numerical order, by vessel 
number, an entry for USS JOHN P MURTHA (LPD 26).


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

* * * * *

                                                                       Table Three
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                                                                                                                             Forward
                                                      Masthead                                 Side lights  Stern light,     anchor       Anchor lights
                                                     lights arc    Side lights   Stern light    distance      distance       light,      relationship of
             Vessel                    Number            of          arc of        arc of      inboard of    forward of   height above    aft light to
                                                     visibility;   visibility;   visibility;  ship's sides    stern in       hull in    forward light in
                                                     rule 21(a)    rule 21(b)    rule 21(c)     in meters   meters; rule  meters; 2(k)     meters 2(k)
                                                                                              3(b) Annex 1      21(c)        Annex 1         Annex 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
USS JOHN P MURTHA..............  LPD 26...........  ............  ............  ............  ............  ............  ............  1.72 below.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    20. * * *

                                                   Table Four
----------------------------------------------------------------------------------------------------------------
                                                                             Angle in degrees of task lights off
               Vessel                                Number                   vertical as viewed from directly
                                                                                       ahead or astern
----------------------------------------------------------------------------------------------------------------
            USS JOHN P MURTHA                                LPD 26                                    10
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

[[Page 11118]]



                                                                       Table Five
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                                                                                                                    After  masthead
                                                                            Masthead lights    Forward  masthead  light less than 1/      Percentage
                                                                          not over all other     light not in       2 ship's length       horizontal
                 Vessel                               Number                  lights and      forward quarter of    aft of  forward       separation
                                                                             obstructions.      ship. Annex I,      masthead light.        attained
                                                                          Annex I, sec. 2(f)       sec. 3(a)      Annex I, sec. 3(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
USS JOHN P MURTHA......................  LPD 26.........................  ..................  ..................                  X                  71
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Approved: January 13, 2016.
A.B. Fischer,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
    Dated: February 17, 2016.
N.A. Hagerty-Ford,
Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register 
Liaison Officer
[FR Doc. 2016-04547 Filed 3-2-16; 8:45 am]
 BILLING CODE 3810-FF-P