Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 54737-54739 [2016-19600]

Download as PDF Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Rules and Regulations § 126.9 Advisory opinions and related authorizations. persons must be made by letter. The letter shall contain: * * * * * PART 125—LICENSES FOR THE EXPORT OF TECHNICAL DATA AND CLASSIFIED DEFENSE ARTICLES 13. The authority citation for part 125 continues to read as follows: ■ Authority: Secs. 2 and 38, Pub. L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778); 22 U.S.C. 2651a; E.O. 13637, 78 FR 16129. 14. Section 125.2 is amended by revising paragraph (a) to read as follows: ■ § 125.2 data. Exports of unclassified technical (a) License. A license (DSP–5) is required for the export of unclassified technical data unless the export is exempt from the licensing requirements of this subchapter. In the case of a plant visit, details of the proposed discussions must be transmitted to the Directorate of Defense Trade Controls for an appraisal of the technical data. * * * * * ■ 15. Section 125.7 is amended by revising paragraph (b) to read as follows: (a) Preliminary authorization determinations. A person may request information from the Directorate of Defense Trade Controls on whether it would likely grant a license or other approval for a particular defense article or defense service to a particular country. * * * * * * * * (c) Interpretations of the ITAR. Any person may request an interpretation of the requirements set forth in this subchapter in the form of an advisory opinion. A request for an advisory opinion must be made in writing. Any response to an advisory opinion provided by the Directorate of Defense Trade Controls pursuant to this paragraph shall not be an authorization to export and shall not bind the Department to grant or deny any such authorization. Rose E. Gottemoeller, Under Secretary, Arms Control and International Security, Department of State. [FR Doc. 2016–19550 Filed 8–16–16; 8:45 am] BILLING CODE 4710–25–P § 125.7 Procedures for the export of classified technical data and other classified defense articles. DEPARTMENT OF DEFENSE * Department of the Navy * * * * (b) An application for the export of classified technical data or other classified defense articles must be accompanied by a completed form DSP– 83 (see § 123.10 of this subchapter). All classified materials accompanying an application must be transmitted to the Directorate of Defense Trade Controls in accordance with the procedures contained in the Department of Defense National Industrial Security Program Operating Manual (unless such requirements are inconsistent with guidance provided by the Directorate of Defense Trade Controls, in which case the latter guidance must be followed). PART 126—GENERAL POLICIES AND PROVISIONS 16. The authority citation for part 126 continues to read as follows: mstockstill on DSK3G9T082PROD with RULES ■ Authority: Secs. 2, 38, 40, 42, and 71, Pub. L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2780, 2791, and 2797); 22 U.S.C. 2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, 1994 Comp., p. 899; Sec. 1225, Pub. L. 108– 375; Sec. 7089, Pub. L. 111–117; Pub. L. 111– 266; Section 7045, Pub. L. 112–74; Section 7046, Pub. L. 112–74; E.O. 13637, 78 FR 16129. 17. Section 126.9 is amended by revising the heading and the first sentence of paragraph (a) and adding paragraph (c) to read as follows: ■ VerDate Sep<11>2014 16:08 Aug 16, 2016 Jkt 238001 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 GABRIELLE GIFFORDS (LCS 10) 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 August 17, 2016 and is applicable beginning August 9, 2016. FOR FURTHER INFORMATION CONTACT: Commander Theron R. Korsak, JAGC, U.S. Navy, Admiralty Attorney, (Admiralty and Maritime Law), Office of SUMMARY: PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 54737 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 GABRIELLE GIFFORDS (LCS 10) 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 height of the forward masthead light above the hull; Annex I, paragraph 2(f)(i), pertaining to the placement of the masthead light or lights above and clear of all other lights and obstructions; Annex I, paragraph 3(a), pertaining to the location of the forward masthead light in the forward quarter of the ship, and the horizontal distance between the forward and after masthead light; Annex I, paragraph 3(c), pertaining to the task light’s horizontal distance from the fore and aft centerline of the vessel in the athwartship direction. 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), 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 as follows: ■ Authority: 33 U.S.C. 1605. E:\FR\FM\17AUR1.SGM 17AUR1 54738 Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Rules and Regulations 2. Section 706.2 is amended by: ■ a. In Table One, adding, in alpha numerical order, by vessel number, an entry for USS GABRIELLE GIFFORDS (LCS 10); ■ b. In Table Four, under paragraph 15, adding, in alpha numerical order, by ■ vessel number, an entry for USS GABRIELLE GIFFORDS (LCS 10); ■ c. In Table Four, under paragraph 16, adding, in alpha numerical order, by vessel number, an entry for USS GABRIELLE GIFFORDS (LCS 10); and ■ d. In Table Five, adding, in alpha numerical order, by vessel number, an entry for USS GABRIELLE GIFFORDS (LCS 10). The additions read as follows: § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * * TABLE ONE Distance in meters of forward masthead light below minimum required height § 2(a)(i) annex I Vessel No. * * * * * USS GABRIELLE GIFFORDS ...................................................................................................... * LCS 10 ................ * * * * * * * * * * * 4.91 * * 15. * * * TABLE FOUR Horizontal distances from the fore and aft centerline of the vessel in the athwartship direction (meters) Vessel No. * * * * USS GABRIELLE GIFFORDS ................................................................................................ * * LCS 10 ...................... * * * * * 16. * * * Obstruction angle relative ship’s headings Vessel No. * * * * USS GABRIELLE GIFFORDS ................................................................................................ * * LCS 10 ...................... * * * * * * * Upper—0.16. Middle—1.2. Lower—1.2. * * * 71° thru 73°. 76° thru 78°. 287° thru 289°. * * * Masthead lights not over all other lights and obstructions; annex I, sec. 2(f) 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 * .............................. * X * X * 17.9 * TABLE FIVE mstockstill on DSK3G9T082PROD with RULES Vessel No. * * * USS GABRIELLE GIFFORDS ................................. LCS 10 VerDate Sep<11>2014 16:08 Aug 16, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\17AUR1.SGM 17AUR1 Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Rules and Regulations Approved: August 9, 2016. C.J. Spain, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law), Acting. Dated: August 11, 2016. N.A. Hagerty-Ford, Commander, Judge Advocate General’s Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2016–19600 Filed 8–16–16; 8:45 am] BILLING CODE 3810–FF–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2016–0797] RIN 1625–AA08 Special Local Regulations; Tall Ships Duluth 2016 Parade of Sail, Lake Superior, Duluth, MN Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing temporary special local regulations on the navigable waters of Lake Superior and Duluth Harbor, Minnesota for the Tall Ships Duluth 2016 Parade of Sail. This action is necessary to provide for the safety of life and property on the navigable waters of Lake Superior and Duluth, Minnesota, during Tall Ships Duluth 2016 Parade of Sail on August 18, 2016. These temporary special local regulations would restrict vessel traffic in portions of Lake Superior and Duluth Harbor, Minnesota, unless authorized by the Captain of the Port (COTP) Duluth. DATES: This rule is effective from 9:00 a.m. through 5:00 p.m. August 18, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2016– 0797 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Junior Grade John Mack, Waterways management, MSU Duluth, Coast Guard; telephone 218– 725–3818, email John.V.Mack@uscg.mil. SUPPLEMENTARY INFORMATION: mstockstill on DSK3G9T082PROD with RULES SUMMARY: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking VerDate Sep<11>2014 16:08 Aug 16, 2016 Jkt 238001 § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary 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)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable. Amplifying information regarding event schedule, plan, and vessel participants was not provided by the event sponsor with sufficient time to accommodate the comment period prior to the August 18, 2016 event. Thus, delaying the effective date of this rule to wait for the comment period to run would be both impracticable because it would be impossible to have the rule implemented before the date of the event. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to public interest as it would inhibit the Coast Guard’s ability to protect spectator and vessels from the hazards associated with the event. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1233. These temporary special local regulations will provide for the safety of life and protection of property on the navigable waters of Lake Superior and Duluth Harbor, Minnesota, by providing for the organized viewing of Tall Ships and preventing the large number of spectator vessels from interfering with the organized and controlled Parade of Sail. IV. Discussion of the Rule Duluth, Minnesota will host the Tall Ships Duluth 2016 from August 18–21, 2016. This visit of sailing vessels is part of a recurring series of sail training races, rallies, cruises, and port festivals organized by Tall Ships America in conjunction with host ports in the United States and Canada. The Tall PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 54739 Ships Duluth 2016, including a Parade of Sail, is akin to similar events held several times in the past in Duluth, Minnesota, the most recent being in 2013. The Tall Ships visit to Duluth, which will occur from August 18–21, 2016, will include a Parade of Sail on August 18, 2016. About 9 vessels are expected to participate in the Parade of Sail. These temporary special local regulations will provide for the safety of life and protection of property on the navigable waters of Lake Superior and Duluth Harbor, Minnesota, by providing for the organized viewing of Tall Ships and by preventing the large number of spectator vessels from interfering with the organized and controlled Parade of Sail. There may be vessels participating in the event from several foreign countries and the high visibility of this event warrants that temporary special local regulations be established to ensure the safety of vessels and spectators from hazards associated with Tall Ships Duluth 2016. The participating vessels will berth at assigned facilities in Duluth, Minnesota, from August 18–21, 2016. On August 19, 2016, visitors will be permitted to board the berthed vessels from shore. On the morning of August 22, 2016, the Tall Ships will depart the Duluth Harbor. The Coast Guard believes that vessel congestion due to the large number of participating and spectator vessels may pose a significant hazard to navigation. To reduce the risk associated with congested waterways the Coast Guard is proposing to establish regulated areas to restrict vessel movement around the location of the participating Tall Ships while participating in the Parade of Sail in Duluth Harbor. These temporary special local regulations would be in effect from 9:00 a.m. through 5:00 p.m. August 18, 2016. Area ‘‘Duluth Harbor’’: This Area includes all waters of Lake Superior and Duluth Harbor bounded by Rice’s Point to the west and Duluth to the north, within the following boundaries: Beginning at position 46°49′11″ N., 92°02′20″ W., then due south to position 46°45′12″ N., 92°02′20″ W., and then west to position 46°45′12″ N., 92°05′40″ W. (Duluth Marine Terminal South Light (LLNR 15935)). This area is needed to protect the maritime public and participating vessels from hazards to navigation associated with numerous spectator craft during the Parade of Sail on August 18, 2016. Area ‘‘Parade of Sail’’: This Area includes all waters of Lake Superior and Duluth Harbor bounded by Duluth to the north, within the following E:\FR\FM\17AUR1.SGM 17AUR1

Agencies

[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Rules and Regulations]
[Pages 54737-54739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19600]


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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 GABRIELLE GIFFORDS (LCS 10) 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 August 17, 2016 and is applicable 
beginning August 9, 2016.

FOR FURTHER INFORMATION CONTACT: Commander Theron R. Korsak, 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 GABRIELLE GIFFORDS (LCS 10) 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 height of the forward masthead 
light above the hull; Annex I, paragraph 2(f)(i), pertaining to the 
placement of the masthead light or lights above and clear of all other 
lights and obstructions; Annex I, paragraph 3(a), pertaining to the 
location of the forward masthead light in the forward quarter of the 
ship, and the horizontal distance between the forward and after 
masthead light; Annex I, paragraph 3(c), pertaining to the task light's 
horizontal distance from the fore and aft centerline of the vessel in 
the athwartship direction. 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), 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 as follows:

    Authority:  33 U.S.C. 1605.

[[Page 54738]]


0
2. Section 706.2 is amended by:
0
 a. In Table One, adding, in alpha numerical order, by vessel number, 
an entry for USS GABRIELLE GIFFORDS (LCS 10);
0
b. In Table Four, under paragraph 15, adding, in alpha numerical order, 
by vessel number, an entry for USS GABRIELLE GIFFORDS (LCS 10);
0
c. In Table Four, under paragraph 16, adding, in alpha numerical order, 
by vessel number, an entry for USS GABRIELLE GIFFORDS (LCS 10); and
0
d. In Table Five, adding, in alpha numerical order, by vessel number, 
an entry for USS GABRIELLE GIFFORDS (LCS 10).
    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.

* * * * *

                                                    Table One
----------------------------------------------------------------------------------------------------------------
                                                                       Distance in meters of  forward masthead
                 Vessel                              No.              light below  minimum required  height Sec.
                                                                                    2(a)(i) annex I
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
USS GABRIELLE GIFFORDS.................  LCS 10....................  4.91
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    15. * * *

                                                   Table Four
----------------------------------------------------------------------------------------------------------------
                                                                     Horizontal distances from  the fore and aft
                 Vessel                              No.                   centerline  of the vessel in the
                                                                           athwartship direction  (meters)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
USS GABRIELLE GIFFORDS.................  LCS 10....................  Upper--0.16.
                                                                     Middle--1.2.
                                                                     Lower--1.2.
----------------------------------------------------------------------------------------------------------------

* * * * *
    16. * * *

----------------------------------------------------------------------------------------------------------------
                 Vessel                              No.              Obstruction angle relative ship's headings
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
USS GABRIELLE GIFFORDS.................  LCS 10....................  71[deg] thru 73[deg].
                                                                     76[deg] thru 78[deg].
                                                                     287[deg] thru 289[deg].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

                                                                       Table Five
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                    After  masthead
                                                                            Masthead  lights   Forward  masthead  light  less than 1/
                                                                             not  over all       light  not in     2  ship's length       Percentage
                    Vessel                                 No.             other  lights and   forward  quarter     aft of forward        horizontal
                                                                              obstructions;   of ship;  annex I,   masthead  light,       separation
                                                                             annex I,  sec.        sec. 3(a)        annex I,  sec.         attained
                                                                                  2(f)                                   3(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
USS GABRIELLE GIFFORDS.......................  LCS 10....................  .................                  X                   X                17.9
--------------------------------------------------------------------------------------------------------------------------------------------------------



[[Page 54739]]

    Approved: August 9, 2016.
C.J. Spain,
 Deputy Assistant Judge Advocate General (Admiralty and Maritime Law), 
Acting.
    Dated: August 11, 2016.
N.A. Hagerty-Ford,
Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register 
Liaison Officer.
[FR Doc. 2016-19600 Filed 8-16-16; 8:45 am]
 BILLING CODE 3810-FF-P