Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 62008-62010 [2016-21598]
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62008
Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Rules and Regulations
List of Subjects
22 CFR 120 and 125
Arms and munitions, Classified
information, Exports.
22 CFR 126
Arms and munitions, Exports.
22 CFR 130
Arms and munitions, Campaign
funds, Confidential business
information, Exports, Reporting and
recordkeeping requirements.
Accordingly, for the reasons set forth
above, the interim final rule that was
published at 81 FR 35611 on June 3,
2016, is adopted as a final rule with the
following changes:
PART 120—PURPOSE AND
DEFINITIONS
1. The authority citation for part 120
continues to read as follows:
■
Authority: Secs. 2, 38, and 71, Pub. L. 90–
629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2797); 22 U.S.C. 2794; 22 U.S.C. 2651a; Pub.
L. 105–261, 112 Stat. 1920; Pub. L. 111–266;
Section 1261, Pub. L. 112–239; E.O. 13637,
78 FR 16129.
2. Section 120.19 is amended by
revising paragraph (a) introductory text
to read as follows:
■
§ 120.19
Reexport.
(a) Reexport, except as set forth in
§ 126.16 or § 126.17, means:
*
*
*
*
*
■ 3. Section 120.51 is revised to read as
follows:
§ 120.51
Retransfer.
(a) Retransfer, except as set forth in
§ 126.16 or § 126.17, means:
(1) A change in end use or end user,
or a temporary transfer to a third party,
of a defense article within the same
foreign country; or
(2) A release of technical data to a
foreign person who is a citizen or
permanent resident of the country
where the release or transfer takes place.
(b) [Reserved]
4. The authority citation for part 125
continues to read as follows:
Lhorne on DSK30JT082PROD with RULES
■
Authority: Secs. 2 and 38, 90–629, 90 Stat.
744 (22 U.S.C. 2752, 2778); 22 U.S.C. 2651a;
E.O. 13637, 78 FR 16129.
5. Section 125.1 is amended by adding
paragraph (f) to read as follows:
§ 125.1
*
*
Exports subject to this part.
*
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*
*
15:15 Sep 07, 2016
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PART 126—GENERAL POLICIES AND
PROVISIONS
6. The authority citation for part 126
continues to read as follows:
■
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; Sections 7045 and 7046, Pub. L. 112–74;
E.O. 13637, 78 FR 16129.
7. Section 126.16 is amended by
revising paragraph (a)(1)(iii) to read as
follows:
■
§ 126.16 Exemption pursuant to the
Defense Trade Cooperation Treaty between
the United States and Australia.
(a) * * *
(1) * * *
(iii) Reexport and retransfer. (A)
Reexport means, for purposes of this
section only, the movement of
previously Exported Defense Articles by
a member of the Australian Community
from the Approved Community to a
location outside the Territory of
Australia.
(B) Retransfer means, for purposes of
this section only, the movement of
previously Exported Defense Articles by
a member of the Australian Community
from the Approved Community to a
location within the Territory of
Australia;
*
*
*
*
*
■ 8. Section 126.17 is amended by
revising paragraph (a)(1)(iii) to read as
follows:
previously Exported Defense Articles by
a member of the United Kingdom
Community from the Approved
Community to a location within the
Territory of the United Kingdom.
*
*
*
*
*
■ 9. Section 126.18 is amended by
revising paragraph (d)(1) to reads as
follows:
§ 126.18 Exemptions regarding intracompany, intra-organization, and intragovernmental transfers to employees who
are dual nationals or third-country
nationals.
*
*
*
*
*
(d) * * *
(1) Regular employees of the foreign
business entity, foreign governmental
entity, or international organization;
*
*
*
*
*
PART 130—POLITICAL
CONTRIBUTIONS, FEES AND
COMMISSIONS
10. The authority citation for part 130
continues to read as follows:
■
Authority: Sec. 39, Pub. L. 94–329, 90
Stat. 767 (22 U.S.C. 2779); 22 U.S.C. 2651a;
E.O. 13637, 78 FR 16129.
11. Section 130.2 is revised to read as
follows:
■
§ 130.2
Applicant.
Applicant means any person who
applies to the Directorate of Defense
Trade Controls for any license or
approval required under this subchapter
for the export, reexport, or retransfer of
defense articles or defense services
valued in an amount of $500,000 or
more which are being sold
commercially to or for the use of the
armed forces of a foreign country or
international organization. This term
also includes a person to whom the
required license or approval has been
given.
Rose E. Gottemoeller,
Under Secretary, Arms Control and
International Security, Department of State.
[FR Doc. 2016–21481 Filed 9–7–16; 8:45 am]
§ 126.17 Exemption pursuant to the
Defense Trade Cooperation Treaty between
the United States and United Kingdom.
PART 125—LICENSES FOR THE
EXPORT OF TECHNICAL DATA AND
CLASSIFIED DEFENSE ARTICLES
■
(f) Unless limited by a condition set
out in an agreement, the export,
reexport, retransfer, or temporary import
authorized by a license is for the item(s),
end-use(s), and parties described in the
agreement, license, and any letters of
explanation. DDTC approves agreements
and grants licenses in reliance on
representations the applicant made in or
submitted in connection with the
agreement, letters of explanation, and
other documents submitted.
BILLING CODE 4710–25–P
(a) * * *
(1) * * *
(iii) Reexport and retransfer. (A)
Reexport means, for purposes of this
section only, movement of previously
Exported Defense Articles by a member
of the United Kingdom Community
from the Approved Community to a
location outside the Territory of the
United Kingdom.
(B) Retransfer means, for purposes of
this section only, the movement of
DEPARTMENT OF DEFENSE
PO 00000
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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:
E:\FR\FM\08SER1.SGM
08SER1
62009
Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Rules and Regulations
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 FINN (DDG 113) 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 September
8, 2016 and is applicable beginning
August 10, 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
SUMMARY:
Secretary of the Navy, has certified that
USS JOHN FINN (DDG 113) 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(f)(ii),
pertaining to the placement of task
lights; 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
lights; and Annex I, paragraph 3(c),
pertaining to placement of task lights
not less than two meters from the fore
and aft centerline of the ship 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.
Vessel
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 Four, Paragraph 15 by
adding, in alpha numerical order, by
vessel number, an entry for USS JOHN
FINN (DDG 113);
■ b. In Table Five, by adding, in alpha
numerical order, by vessel number, an
entry for USS JOHN FINN (DDG 113):
■
§ 706.2 Certifications of the Secretary of
the Navy under Executive Order 11964 and
33 U.S.C. 1605.
*
*
*
*
*
*
*
*
15. * * *
Horizontal distance from the
fore and aft
centerline of the vessel
in the athwartship direction
Number
*
*
*
*
*
*
*
*
Table Four
*
*
*
*
*
USS JOHN FINN ...................................................... DDG 113 ..................................................................
*
*
*
*
1.90 meters
*
*
*
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
*
TABLE FIVE
Number
*
*
USS JOHN FINN .......................................
Lhorne on DSK30JT082PROD with RULES
Vessel
Masthead lights
not over all other
lights and
obstructions.
Annex I, sec. 2(f)
*
DDG 113 ..........
*
..............................
*
X
*
X
*
14.5
*
*
*
*
*
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*
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*
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62010
Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Rules and Regulations
Approved: August 10, 2016.
C.J. Spain,
Deputy Assistant Judge Advocate General
(Admiralty and Maritime Law), Acting.
Dated: August 31, 2016
C. Pan,
Lieutenant, Judge Advocate General’s Corps,
U.S. Navy, Alternate Federal Register Liaison
Officer.
[FR Doc. 2016–21598 Filed 9–7–16; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
The regulation for the safety
zones described in 33 CFR 165.160 will
be enforced on the dates and times
listed in the table in SUPPLEMENTARY
INFORMATION.
DATES:
33 CFR Part 165
[Docket No. USCG–2016–0798]
Safety Zones; Fireworks Events in
Captain of the Port New York Zone
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
BILLING CODE 3810–FF–P
may enter the safety zones without
permission of the Captain of the Port
(COTP).
ACTION:
The Coast Guard will enforce
various safety zones within the Captain
of the Port New York Zone on the
specified dates and times. This action is
necessary to ensure the safety of vessels
and spectators from hazards associated
with fireworks displays. During the
enforcement period, no person or vessel
SUMMARY:
If
you have questions on this notice, call
or email Petty Officer First Class Ronald
Sampert U.S. Coast Guard; telephone
718–354–4154, email ronald.j.sampert@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zones
listed in 33 CFR 165.160 on the
specified dates and times as indicated in
Table 1 below. This regulation was
published in the Federal Register on
November 9, 2011 (76 FR 69614).
FOR FURTHER INFORMATION CONTACT:
TABLE 1
Rose Event, Pier D, Hudson River Safety Zone, 33 CFR 165.160(5.7)
2. Pop Event Planning, Ellis Island Safety Zone., 33 CFR 165.160(2.2)
Lhorne on DSK30JT082PROD with RULES
3. Save the Date, Ellis Island Safety Zone, 33 CFR 165.160(2.2) ..........
Under the provisions of 33 CFR
165.160, vessels may not enter the safety
zones unless given permission from the
COTP or a designated representative.
Spectator vessels may transit outside the
safety zones but may not anchor, block,
loiter in, or impede the transit of other
vessels. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation.
This notice is issued under authority
of 33 CFR 165.160(a) and 5 U.S.C.
552(a). In addition to this notice in the
Federal Register, the Coast Guard will
provide mariners with advanced
notification of enforcement periods via
the Local Notice to Mariners and marine
information broadcasts.
If the COTP determines that a safety
zone need not be enforced for the full
duration stated in this notice, a
Broadcast Notice to Mariners may be
VerDate Sep<11>2014
15:15 Sep 07, 2016
Jkt 238001
Launch site: A barge located in approximate position 40°42′57.5″ N.,
074°01′34″ W., (NAD 1983), approximately 375 yards southeast of
Pier D, Jersey City, New Jersey. This Safety Zone is a 360-yard radius from the barge.
• Date: September 10, 2016.
• Time: 7 p.m.–9 p.m.
• Launch site: A barge located between Federal Anchorages 20–A
and 20–B, in approximate position 40°41′45″ N., 074°02′09″ W.,
(NAD 1983) about 365 yards east of Ellis Island. This Safety Zone is
a 360-yard radius from the barge.
• Date: September 15, 2016.
• Time: 8:45 p.m.–10 p.m.
• Launch site: A barge located between Federal Anchorages 20–A
and 20–B, in approximate position 40°41′45″ N., 074°02′09″ W.,
(NAD 1983) about 365 yards east of Ellis Island. This Safety Zone is
a 360-yard radius from the barge.
• Date: October 27, 2016.
• Time: 8:30 p.m.–10 p.m.
used to grant general permission to
enter the safety zone.
Dated: August 18, 2016.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the
Port New York.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 216
[FR Doc. 2016–21503 Filed 9–7–16; 8:45 am]
[Docket No. 160413333–6721–01]
BILLING CODE 9110–04–P
RIN 0648–BF98
PO 00000
Approach Regulations for Humpback
Whales in Waters Surrounding the
Islands of Hawaii Under the Marine
Mammal Protection Act
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Interim final rule; notice of
availability of Environmental
Assessment.
AGENCY:
We, NMFS, are issuing
regulations under the Marine Mammal
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Rules and Regulations]
[Pages 62008-62010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21598]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
[[Page 62009]]
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 FINN (DDG 113) 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 September 8, 2016 and is applicable
beginning August 10, 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 JOHN FINN (DDG 113) 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(f)(ii), pertaining to the placement of task lights; 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 lights; and Annex I, paragraph
3(c), pertaining to placement of task lights not less than two meters
from the fore and aft centerline of the ship 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), 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 Four, Paragraph 15 by adding, in alpha numerical order, by
vessel number, an entry for USS JOHN FINN (DDG 113);
0
b. In Table Five, by adding, in alpha numerical order, by vessel
number, an entry for USS JOHN FINN (DDG 113):
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
Table Four
* * * * *
15. * * *
----------------------------------------------------------------------------------------------------------------
Horizontal distance from the fore
Vessel Number and aft centerline of the vessel
in the athwartship direction
----------------------------------------------------------------------------------------------------------------
* * * * * * *
USS JOHN FINN.............................. DDG 113....................... 1.90 meters
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Table Five
--------------------------------------------------------------------------------------------------------------------------------------------------------
After masthead
Masthead lights Forward masthead light less than
not over all other light not in \1/2\ ship's Percentage
Vessel Number lights and forward quarter of length aft of horizontal
obstructions. ship. Annex I, forward masthead separation
Annex I, sec. 2(f) sec. 3(a) light. Annex I, attained
sec. 3(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
USS JOHN FINN.......................... DDG 113........................ .................. X X 14.5
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 62010]]
Approved: August 10, 2016.
C.J. Spain,
Deputy Assistant Judge Advocate General (Admiralty and Maritime Law),
Acting.
Dated: August 31, 2016
C. Pan,
Lieutenant, Judge Advocate General's Corps, U.S. Navy, Alternate
Federal Register Liaison Officer.
[FR Doc. 2016-21598 Filed 9-7-16; 8:45 am]
BILLING CODE 3810-FF-P
