Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 54737-54739 [2016-19600]
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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:
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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. * * *
*
*
*
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*
(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
*
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*
(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:
■
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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:
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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.
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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.
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*
*
*
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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.
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*
71° thru 73°.
76° thru 78°.
287° thru 289°.
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*
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
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X
*
17.9
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TABLE FIVE
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Vessel
No.
*
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USS GABRIELLE GIFFORDS ................................. LCS 10
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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 https://
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
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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
