Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Rules and Regulations 72685 

10Copies available on the Internet at http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

512402p.pdf. 

11Copies available on the Internet at http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

553003p.pdf. 

status by any of the Secretaries of the 

Military Departments. Each agreement 

must identify the specific MTF or 

geographical region in which medical 

care is requested, requiring close 

coordination among service program 

managers. 

§ 108.5 Eligible senior officials of the U.S. 

government. 

(a) The following individuals are 

Secretarial Designees for space-available 

care in MTFs on a reimbursable basis, 

unless specified otherwise by a Service 

Secretary: 

(1) The President and Vice President, 

and their spouses and minor children. 

(2) Members of Congress. 

(3) Members of the Cabinet. 

(4) Officials of the Department of 

Defense appointed by the President and 

confirmed by the Senate. 

(5) Article III Federal Judges. (Article 

III courts are: The Supreme Court of the 

United States, U.S. Courts of Appeal, 

U.S. District Courts, U.S. Court of 

International Trade, United States 

Foreign Intelligence Surveillance Court, 

United States Foreign Intelligence 

Surveillance Court of Review.) 

(6) Judges of the U.S. Court of Appeals 

for the Armed Forces. 

(7) Assistants to the President. 

(8) Director of the White House 

Military Office. 

(9) Former Presidents of the United 

States and their spouses, widows, and 

minor children. 

(b) [Reserved]. 

§ 108.6 Responsibilities. 

(a) The USD(P&R) shall: 

(1) Evaluate requests for and where 

appropriate, grant exceptions to policy 

established by this part and DoD 

Directive 5124.02,10 including waiver of 

reimbursement, to the extent allowed by 

law. 

(2) Following approval of the USD(P) 

and in coordination with USD(P) and 

the GC, DoD, and in accordance with 

DoD Directive 5530.3,11 begin 

negotiations, negotiate, and have the 

authority to sign RHCAs. 

(b) The USD(P) shall evaluate requests 

and determine DoD mission interest for 

Secretarial Designee Status and RHCAs 

to identify those agreements that would 

be in the best interest of the Department 

of Defense and approve negotiations of 

RHCAs by the USD(P&R). 

(c) The USD(C) shall in coordination 

with USD(P&R), establish appropriate 

reimbursement rates, including 

appropriate interagency rates and rates 

applicable to students in International 

Military Education and Training 

programs. 

(d) The Under Secretary of Defense for 

Acquisition, Technology, and Logistics 

shall evaluate requests for Exception to 

the Transportation Policy. The authority 

to grant such a exception is by 

USD(P&R) or the Secretary of the 

Military Department concerned. 

(e) The Secretaries of the Military 

Departments shall: 

(1) Issue, revise or modify as 

appropriate, regulations to comply with 

this part. 

(2) Appoint a Military Department 

representative who will administer the 

Secretarial Designee Program within the 

Military Department and coordinate 

with other DoD Components in its 

effective operation. 

(3) Where and when appropriate, the 

Military Department concerned shall 

coordinate with U.S. Transportation 

Command/Global Patient Movement 

Requirements Center. 

(4) Identify Secretarial Designees 

treated at MTFs. 

(5) Provide an annual consolidated 

list reflecting the number of Secretarial 

Designees within their departments, 

reasons for such designation, location 

where designee is receiving treatment, 

the costs and sources of funding, nature 

and duration of treatment and 

expiration date of designee status to 

USD(P&R) and USD(C). The annual 

report is due 30 days after the start of 

the fiscal year reflecting the prior fiscal 

year’s information. 

(i) In cases where the USD(P&R) 

designates an individual as a Secretarial 

Designee, the Military Department 

concerned shall include this individual 

on any lists provided to USD(P&R) and 

USD(C) for reporting purposes. 

(ii) Annually consolidate Secretarial 

Designee patient costs and forward 

those data to USD(P&R) and OSD(C), 

along with a report of collection for 

reimbursable costs. 

(f) The Commanders of the 

Geographic Combatant Commands 

(GCCs) shall: 

(1) Refer requests to waive 

reimbursement through the Chairman of 

the Joint Chiefs of Staff to the 

USD(P&R). 

(2) Refer requests for Secretarial 

Designee status for medical care in the 

United States through the Chairman of 

the Joint Chiefs of Staff to USD(P&R). 

(3) Through the Chairman of the Joint 

Chiefs of Staff, provide written annual 

reports to the USD(P&R) and USD(C) 

reflecting the number of individuals 

designated as Secretarial Designees 

within their geographic area of 

responsibility, the reasons for such 

designation, the expected duration of 

such designation, the costs and sources 

of funding authorizing the support of 

such designee status for each designee. 

(4) Identify Secretarial Designees 

treated at MTFs within their geographic 

area of responsibility. 

(5) Provide for an accounting and 

collection system for reimbursement of 

medical costs within their geographic 

area of responsibility. 

(g) The Commander, United States 

Transportation Command shall: 

(1) Coordinate patient movement with 

all concerned Military Departments. 

(2) Upon request of the Military 

Department concerned or Commanders 

of the GCCs, determine availability of 

DoD transportation assets, or when cost 

effective, coordinate with civilian 

ambulance authorities, to effect 

transportation of Secretarial Designee as 

appropriate. 

(3) Ensure the Global Patient 

Movement Requirements Center, as the 

regulating agency, will consistently 

serve as the single point of contact for 

patient movement for Secretarial 

Designee patients using DoD assets 

upon request. 

(4) Annually consolidate Secretarial 

Designee patient listing who utilized the 

DoD patient movement system and 

forward to USD(P&R) and USD(C). 

Dated: November 15, 2010. 

Patricia L. Toppings, 

OSD Federal Register, Liaison Officer, 

Department of Defense. 

[FR Doc. 2010–29763 Filed 11–24–10; 8:45 am] 

BILLING CODE 5001–06–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 

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 

ANTIETAM (CG 54) is a vessel of the 

Navy which, due to its special 

construction and purpose, cannot fully 

comply with certain provisions of the 72 


srobinson on DSKHWCL6B1PROD with RULES
72686 Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Rules and Regulations 

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 November 

26, 2010 and is applicable beginning 

November 17, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Jaewon Choi, 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 ANTIETAM (CG 54) 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 3(a), 

pertaining to the horizontal distance 

between the forward and after masthead 

lights. The DAJAG (Admiralty and 

Maritime Law) has also certified that the 

lights involved are located in closest 

possible compliance with the applicable 

72 COLREGS requirements. 

Moreover, it has been determined, in 

accordance with 32 CFR Parts 296 and 

701, that publication of this amendment 

for public comment prior to adoption is 

impracticable, unnecessary, and 

contrary to public interest since it is 

based on technical findings that the 

placement of lights on this vessel in a 

manner differently from that prescribed 

herein will adversely affect the vessel’s 

ability to perform its military functions. 

List of Subjects in 32 CFR Part 706 

Marine safety, Navigation (water), and 

Vessels. 

■ For the reasons set forth in the 

preamble, 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 in Table 

Five, by revising, in alpha numerical 

order, by vessel number, an entry for 

USS ANTIETAM (CG 54): 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

TABLE FIVE

Vessel Number 

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 

*******

USS ANTIETAM ..................................... CG 54 .............................. X X 36.8 

*******

* * * * * 

Approved: November 17, 2010. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate, General (Admiralty 

and Maritime Law). 

Dated: November 18, 2010. 

D.J. Werner, 

Lieutenant Commander, Office of the Judge 

Advocate General, U.S. Navy, Federal 

Register Liaison Officer. 

[FR Doc. 2010–29771 Filed 11–24–10; 8:45 am] 

BILLING CODE 3810–FF–P 

POSTAL SERVICE 

39 CFR Part 111 

Express Mail Open and Distribute and 

Priority Mail Open and Distribute 

AGENCY: Postal Service.TM

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM®) 705.16 to require the use of a 

single-ply address label containing a 

service barcode with unique Service 

Type Code ‘‘723’’ or a ‘‘DB’’ prefix along 

with new Tag 257, Tag 267, or Label 

257S, on all Express Mail® Open and 

Distribute containers. The Postal Service 

is also revising the service commitment 

for Express Mail Open and Distribute as 

a guaranteed end of day product; and 

adding a five-pound minimum weight 

requirement for Express Mail Open and 

Distribute and Priority Mail® Open and 

Distribute sacks. 

DATES: Effective Date: January 2, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Jewelyn Harrington at 202–268–7648 or 

Garry Rodriguez at 202–268–7281. 

SUPPLEMENTARY INFORMATION: On 

September 17, 2010, the Postal Service 

published a proposed rule in the 

Federal Register (75 FR 56920–56922) 

to change the standards for Express Mail 

Open and Distribute. After reviewing 

the comments, and upon further 

consideration of the proposed revisions, 

the Postal Service has decided to adopt 

the proposed regulations with a minor 

revision. 

Comments 

The Postal Service received three 

comments and a request for 

clarification: 

1. All three comments raised concerns 

about the five-pound minimum weight 

limit for Express Mail Open and 

Distribute and Priority Mail Open and 

Distribute sacks. As a result, the Postal 

Service is making a minor revision to 

allow an Open and Distribute sack to be 

less than 5 pounds if the sack contains 

mail in a qualifying tray. 

2. One commenter also requested a 

clarification of the end of day service 

commitment for Express Mail Open and 


srobinson on DSKHWCL6B1PROD with RULES