Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 52768-52770 [2018-22730]
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Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations
Treasury to monitor the impact of
concentrations of positions.6 Since the
rules became effective in 1997, Treasury
has conducted 16 large position report
calls.
B. Who Is Subject to the LPR Rules
Treasury’s LPR Rules apply to all
foreign and domestic persons and
entities that control a reportable
position in a Treasury security,
including but not limited to:
Government securities brokers and
dealers; registered investment
companies; registered investment
advisers; custodians, including
depository institutions that exercise
investment discretion; hedge funds;
pension funds; insurance companies;
and foreign affiliates of U.S. entities.
Central banks (including U.S. Federal
Reserve Banks for their own account),
foreign governments, and international
monetary authorities may voluntarily
submit large position reports when they
meet or exceed a reporting threshold.
C. The Existing Large Position Report
Submission Process
Under the current LPR Rules, reports
are required to be filed by facsimile (fax)
or delivered by hardcopy to FRBNY. A
report is considered filed when received
by FRBNY. Reporting entities typically
have three and one-half business days to
submit reports, and most reports are
filed by fax with FRBNY. Following
previous calls for large position reports,
many reporting entities have
commented that it is difficult to find
functional fax machines and would
prefer an alternate means of submission.
In response to this feedback, Treasury is
currently exploring alternate options for
the submission of reports.
khammond on DSK30JT082PROD with RULES
II. Technical Amendments to the LPR
Rules
These technical amendments make no
substantive changes to the LPR Rules.
They are designed to provide Treasury
with the flexibility to specify in its
notice requesting large position reports
where and how reports are to be filed.
These amendments will also provide
Treasury with the added flexibility to
consider alternate means of submission,
which may further reduce the burden on
reporting entities. Treasury will provide
notice of a request for reports, and how
the reports are to be delivered, by
information required to be kept or reported for large
position reporting. In particular, the GSA exempts
such information from disclosure under the
Freedom of Information Act. See 15 U.S.C. 78o–
5(f)(6).
6 Under current rules, this information is also
made available to the Federal Reserve Bank of New
York (FRBNY), as Treasury’s agent, and the SEC.
See 15 U.S.C. 78o–5(f)(1).
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issuing a public announcement and
subsequently publishing the notice in
the Federal Register.
Specifically, the technical
amendments replace references to
‘‘press release’’ with ‘‘public
announcement;’’ provide the option for
Treasury to specify in its public
announcement that reports can be
submitted to Treasury directly; and
provide the option for Treasury to
specify in its public announcement how
reports are to be submitted by removing
references to ‘‘facsimile’’ and ‘‘delivered
hard copy.’’
III. Special Analyses
Executive Orders 13563 and 12866
direct agencies to assess costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule is
not a significant regulatory action for
purposes of Executive Order 12866.
This final rule is procedural in nature
under 5 U.S.C. 553(b)(A) and therefore
prior notice and comment procedures
are not required. In addition, because
the final rule makes no substantive
change to the existing rules and imposes
no additional requirements, we find
under 5 U.S.C. 553(b)(B) that there is
good cause that notice and public
procedures are unnecessary, and that
the rule can be issued in final form.
Because no notice of proposed
rulemaking is required, the provisions
of the Regulatory Flexiblity Act (5
U.S.C. 601 et seq.) do not apply. These
amendments reflect Treasury’s
continuing interest in meeting its
informational needs while minimizing
the cost and burden on those entities
affected by the regulations.
List of Subjects in 17 CFR Part 420
Banks, Banking, Brokers, Government
securities, Reporting and recordkeeping
requirements.
For the reasons stated in the
preamble, 17 CFR part 420 is amended
as follows:
PART 420—LARGE POSITION
REPORTING
1. The authority citation for part 420
continues to read as follows;
■
Authority: 15 U.S.C. 78o–5(f).
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Fmt 4700
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2. Amend § 420.3 by revising the
second sentence of paragraph (a) and
revising paragrphs (h), (i), and (j) to read
as follows:
■
§ 420.3
Reporting.
(a) * * * Treasury will provide notice
of the large position thresholds by
issuing a public announcement and
subsequently publishing the notice in
the Federal Register. * * *
*
*
*
*
*
(h) The report must be filed before
noon Eastern Time on the fourth
business day following issuance of a
public announcement.
(i) A report to be filed pursuant to
paragraph (c) of this section will be
considered filed when received by
Treasury or the Federal Reserve Bank of
New York according to the instructions
provided in the public announcement.
(j) A reporting entity that has filed a
report pursuant to paragraph (c) of this
section shall, at the request of Treasury,
or the Federal Reserve Bank of New
York at the direction of Treasury, timely
provide any supplemental information
pertaining to such report.
*
*
*
*
*
Brian Smith,
Deputy Assistant Secretary for Federal
Finance.
[FR Doc. 2018–22732 Filed 10–17–18; 8:45 am]
BILLING CODE 4810–AS–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 (DoN),
Department of Defense (DoD).
ACTION: Final rule.
AGENCY:
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
BILLINGS (LCS 15) 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:
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Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations
This rule is effective October 18,
2018 and is applicable beginning
October 5, 2018.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander Kyle Fralick,
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 BILLINGS (LCS 15) 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
DATES:
masthead light above the hull: And
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. 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).
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.
■
2. Section 706.2 is amended by:
a. In Table One, adding, in alpha
numerical order, by vessel number, an
entry for USS BILLINGS (LCS 15); and
■
b. In Table Five, adding, in alpha
numerical order, by vessel number, an
entry for USS BILLINGS (LCS 15).
■
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
Vessel
No.
*
*
*
*
*
*
USS BILLINGS .............................................................................................................................................................. (LCS 15) ..
*
*
*
*
*
*
*
*
*
*
Distance in
meters of
forward
masthead
light below
minimum
required
height
§ 2(a)(i)
annex I
*
5.9
*
*
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TABLE FIVE
Vessel
No.
Masthead
lights not
over all
other lights and
obstructions
annex I,
sec. 2(f)
*
*
*
USS BILLINGS ..........................................................................
*
(LCS 15) ..
*
.........................
*
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*
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*
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*
Frm 00019
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Forward
masthead
light not in
forward
quarter of
ship
annex I,
sec. 3(a)
X
*
E:\FR\FM\18OCR1.SGM
Percentage
horizontal
separation
attained
*
X
*
Sfmt 4700
After
mast-head
light
less than 1⁄2
ship’s length
aft of forward
masthead light
annex I,
sec. 3(a)
*
18OCR1
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*
52770
Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Rules and Regulations
Approved: October 15, 2018.
A.S. Janin,
Captain, JAGC, U.S. Navy, Deputy Assistant
Judge Advocate, General (Admiralty and
Maritime Law).
I. Table of Abbreviations
Dated: October 15, 2018.
Meredith Steingold Werner,
Lieutenant Commander, Judge Advocate
General’s Corps, U.S. Navy, Federal Register
Liaison Officer.
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
[FR Doc. 2018–22730 Filed 10–17–18; 8:45 am]
II. Background Information and
Regulatory History
BILLING CODE 3810–FF–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2018–0869]
RIN 1625–AA08
Special Local Regulation; San Diego
Bay, San Diego, CA
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary special local
regulation for navigable waters of the
San Diego Bay offshore of Harbor Island
bound landward of a line by the
following coordinates starting west at
32°43.033′ N and 117°12.792′ W and
proceeding east to 32°43.166′ N and
117°12.266′ W, proceeding east to
32°43.166′ N and 117°11.633′ W, and
ending at 32°43.100′ N and 117°11.300′
W. This special local regulation is
necessary to provide for the safety of life
on navigable waters during the event.
This action will restrict vessel traffic in
these waters of the San Diego Bay, from
10:00 a.m. to 6:00 p.m. on October 17,
2018 through October 21, 2018.
DATES: This rule is effective without
actual notice from October 18, 2018
until October 21, 2018. For the purposes
of enforcement from 10 a.m. to 6 p.m.
daily, actual notice will be used from 10
a.m. on October 17, 2018 until October
18, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0869 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 Briana
Biagas, Waterways Management, U.S.
Coast Guard Sector San Diego, Coast
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SUMMARY:
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15:53 Oct 17, 2018
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Guard; telephone 619–278–7656, email
D11MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION:
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. Due to the
timing of the event, we are unable to
issue a NPRM before the event is
scheduled.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. This rule is necessary for the
safety of life during the event on these
navigable waters. For the reasons above,
including the timing of the event, it
would be impracticable to delay this
rule to provide a full 30 days’ notice.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233,
which authorizes the Coast Guard to
establish and define special local
regulations. The COTP San Diego is
establishing a special local regulation
for the waters of the San Diego Bay
bound landward of a line by coordinates
starting west at 32°43.033′ N and
117°12.792′ W and proceeding east to
32°43.166′ N and 117°12.266′ W,
proceeding east to 32°43.166′ N and
117°11.633′ W, and ending at 32°43.100′
N and 117°11.300′ W. The purpose of
this rule is to ensure safety of
participants, vessels and the navigable
waters in the regulated area before,
during, and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a special local
regulation from 10:00 a.m. to 6:00 p.m.
on October 17, 2018 through October 21,
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Frm 00020
Fmt 4700
Sfmt 4700
2018. The special local regulation will
cover all navigable waters of the San
Diego Bay bound landward of a line by
coordinates starting west at 32°43.033′
N and 117°12.792′ W and proceeding
east to 32°43.166′ N and 117°12.266′ W,
proceeding east to 32°43.166′ N and
117°11.633′ W, and ending at 32°43.100′
N and 117°11.300′ W. The purpose of
this rule is to ensure safety of
participants, vessels and the navigable
waters in the regulated area before,
during, and after the scheduled event.
Persons and vessels will be prohibited
from anchoring, blocking, loitering, or
impeding within this regulated
waterway unless authorized by the
COTP, or his designated representative,
during the specified dates and times.
Additionally, movement of all vessels
within the regulated area and entry of
all vessels into the regulated area will be
restricted. The Coast Guard will publish
information on the event in the weekly
LNM.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance, it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on size, location, duration, and
time-of-day of the special local
regulation. The Coast Guard will
publish a LNM that details the vessel
restrictions of the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
E:\FR\FM\18OCR1.SGM
18OCR1
]]>Agencies
[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Rules and Regulations]
[Pages 52768-52770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22730]
=======================================================================
-----------------------------------------------------------------------
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 (DoN), Department of Defense (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 BILLINGS (LCS 15) 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 52769]]
DATES: This rule is effective October 18, 2018 and is applicable
beginning October 5, 2018.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Kyle Fralick,
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 BILLINGS (LCS 15) 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:
And 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. 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).
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.
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 BILLINGS (LCS 15); and
0
b. In Table Five, adding, in alpha numerical order, by vessel number,
an entry for USS BILLINGS (LCS 15).
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 light
Vessel No. below minimum
required height
Sec. 2(a)(i)
annex I
------------------------------------------------------------------------
* * * * * * *
USS BILLINGS...................... (LCS 15)........... 5.9
* * * * * * *
------------------------------------------------------------------------
* * * * *
Table Five
--------------------------------------------------------------------------------------------------------------------------------------------------------
After mast-head
Forward light less than
masthead light \1/2\ ship's Percentage
Masthead lights not over all not in forward length aft of horizontal
Vessel No. other lights and obstructions quarter of ship forward separation
annex I, sec. 2(f) annex I, sec. masthead light attained
3(a) annex I, sec.
3(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
USS BILLINGS............................. (LCS 15).................. .............................. X X 23
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 52770]]
Approved: October 15, 2018.
A.S. Janin,
Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General
(Admiralty and Maritime Law).
Dated: October 15, 2018.
Meredith Steingold Werner,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy,
Federal Register Liaison Officer.
[FR Doc. 2018-22730 Filed 10-17-18; 8:45 am]
BILLING CODE 3810-FF-P
