26210 Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Rules and Regulations 

J. Preemption 

Section 26(a) of the CPSA, 15 U.S.C. 

2075(a), provides that where a 

‘‘consumer product safety standard 

under [the Consumer Product Safety Act 

(CPSA)]’’ is in effect and applies to a 

product, no state or political 

subdivision of a state may either 

establish or continue in effect a 

requirement dealing with the same risk 

of injury, unless the state requirement is 

identical to the federal standard. Section 

26(c) of the CPSA also provides that 

states or political subdivisions of states 

may apply to the Commission for an 

exemption from this preemption under 

certain circumstances. 

The Danny Keysar Child Product 

Safety Notification Act (at section 

104(b)(1)(B) of the CPSIA) refers to the 

rules to be issued under that section as 

‘‘consumer product safety standards,’’ 

thus, implying that the preemptive 

effect of section 26(a) of the CPSA 

would apply. Therefore, a rule issued 

under section 104 of the CPSIA will 

invoke the preemptive effect of section 

26(a) of the CPSA when it becomes 

effective. 

K. Effective Date 

Under the procedure set forth in 

section 104(b)(4)(B) of the CPSIA, when 

a voluntary standard organization 

revises a standard upon which a 

consumer product safety standard 

issued under the Danny Keysar Child 

Product Safety Notification Act was 

based, the revision becomes the CPSC 

standard within 180 days of notification 

to the Commission, unless the 

Commission determines that the 

revision does not improve the safety of 

the product, or the Commission sets a 

later date in the Federal Register. The 

Commission has not set a different 

effective date. Thus, in accordance with 

this provision, this rule takes effect 180 

days after we received notification from 

ASTM of revisions to these standards. 

As discussed in the preceding section, 

this is a direct final rule. Unless we 

receive a significant adverse comment 

within 30 days, the rule will become 

effective on September 10, 2018. 

List of Subjects in 16 CFR Part 1220 

Consumer protection, Imports, 

Incorporation by reference, Infants and 

children, Law enforcement, Safety, 

Toys. 

For the reasons stated above, the 

Commission amends title 16 CFR 

chapter II as follows: 

PART 1220—SAFETY STANDARD FOR 

NON-FULL-SIZE BABY CRIBS 

■ 1. The authority citation for part 1220 

is revised to read as follows: 

Authority: Sec. 104, Pub. L. 110–314, 122 

Stat. 3016 (August 14, 2008); Sec. 3, Pub. L. 

112–28, 125 Stat. 273 (August 12, 2011). 

■ 2. Revise § 1220.2 to read as follows: 

§ 1220.2 Requirements for non-full-size 

baby cribs. 

(a) Except as provided in paragraph 

(b) of this section, each non-full-size 

baby crib shall comply with all 

applicable provisions of ASTM F406– 

17, Standard Consumer Safety 

Specification for Non-Full-Size Baby 

Cribs/Play Yards, approved December 1, 

2017. The Director of the Federal 

Register approves the incorporation by 

reference listed in this section in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. You may obtain a copy of 

this ASTM standard from ASTM 

International, 100 Barr Harbor Drive, 

P.O. Box C700, West Conshohocken, PA 

19428–2959 USA; phone: 610–832– 

9585; http://www.astm.org/. You may 

inspect a copy at the Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, Room 820, 4330 

East-West Highway, Bethesda, MD 

20814, telephone 301–504–7923, or at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: https://www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

(b) Comply with the ASTM F406–17 

standard with the following exclusions: 

(1) Do not comply with sections 5.6.2 

through 5.6.2.4 of ASTM F406–17. 

(2) Do not comply with section 5.16.2 

of ASTM F406–17. 

(3) Do not comply with sections 5.19 

through 5.19.2.2 of ASTM F406–17. 

(4) Do not comply with section 7, 

Performance Requirements for Mesh/ 

Fabric Products of ASTM F406–17. 

(5) Do not comply with sections 8.11 

through 8.11.2.4 of ASTM F406–17. 

(6) Do not comply with sections 8.12 

through 8.12.2.2. of ASTM F406–17. 

(7) Do not comply with sections 8.14 

through 8.14.2 of ASTM F406–17. 

(8) Do not comply with sections 8.15 

through 8.15.3.3. of ASTM F406–17. 

(9) Do not comply with section 8.16 

through 8.16.3 of ASTM F406–17. 

(10) Do not comply with sections 8.28 

through 8.28.4 of ASTM F406–17. 

(11) Do not comply with sections 8.29 

through 8.29.3 of ASTM F406–17. 

(12) Do not comply with sections 8.30 

through 8.30.5 of ASTM F406–17. 

(13) Do not comply with section 8.31 

through 8.31.9 of ASTM F406–17. 

(14) Do not comply with section 9.3.2 

through 9.3.2.4 of ASTM F406–17. 

Alberta E Mills, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2018–12021 Filed 6–5–18; 8:45 am] 

BILLING CODE 6355–01–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 

CHARLESTON (LCS 18) 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 June 6, 2018 

and is applicable beginning May 24, 

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 CHARLESTON (LCS 18) 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 


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Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Rules and Regulations 26211 

placement of the masthead light or 

lights above and clear of all other lights 

and obstructions; Annex I, paragraph 

2(f)(ii), pertaining to the vertical 

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 light; Rule 

27(b)(i) and Annex I, paragraph 9(b)(i), 

pertaining to the visibility of the middle 

task 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), 

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. 

■ 2. Section 706.2 is amended by: 

■ a. In Table One, adding, in alpha 

numerical order, by vessel number, an 

entry for USS CHARLESTON (LCS 18); 

■ b. In Table Four: 

■ i. Under paragraph 15, adding, in 

alpha numerical order, by vessel 

number, an entry for USS 

CHARLESTON (LCS 18); 

■ ii. Under paragraph 16, adding, in 

alpha numerical order, by vessel 

number, an entry for USS 

CHARLESTON (LCS 18); and 

■ iii. Under paragraph 27, adding, in 

alpha numerical order, by vessel 

number, an entry for USS 

CHARLESTON (LCS 18); and 

■ c. In Table Five, adding, in alpha 

numerical order, by vessel number, an 

entry for USS CHARLESTON (LCS 18). 

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 Number 

Distance in meters of 

forward masthead 

light below minimum 

required height 

§ 2(a)(i) Annex I 

*******

USS CHARLESTON ............................................................. LCS 18 .................................................................................. 4.2 

* * * * * * * 

* * * * * 

TABLE FOUR

* * * * * 15. * * * 

Vessel Number 

Horizontal distances 

from the fore and aft 

centerline of the 

vessel in the 

athwartship direction 

*******

USS CHARLESTON ............................................................. LCS 18 .................................................................................. Upper–0.20 meters. 

Middle–1.3 meters. 

Lower–1.3 meters. 

* * * * * 16. * * * 

Vessel Number 

Obstruction angle 

relative ship’s 

headings 


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26212 Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Rules and Regulations 

Vessel Number 

Obstruction angle 

relative ship’s 

headings 

*******

USS CHARLESTON ............................................................. LCS 18 .................................................................................. 72° thru 74°. 

286° thru 288°. 

* * * * * * * 

* * * * * 27. * * * 

Vessel Number Obstruction angle 

relative ship heading 

*******

USS CHARLESTON ............................................................. LCS 18 .................................................................................. 47° thru 59°. 

301° thru 313°. 

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 

mast-head 

light less 

than 1⁄2 ship’s 

length aft of 

forward 

masthead 

light. annex I, 

sec. 3(a) 

Percentage 

horizontal 

separation 

attained 

*******

USS CHARLESTON .................................. LCS 18 ............. .............................. X X 15.2 

*******

Approved: May 24, 2018. 

Christopher J. Spain, 

Deputy Assistant Judge Advocate General 

(Admiralty and Maritime Law), Acting. 

Dated: May 31, 2018. 

E.K. Baldini, 

Lieutenant Commander, Judge Advocate 

General’s Corps, U.S. Navy, Federal Register 

Liaison Officer. 

[FR Doc. 2018–12136 Filed 6–5–18; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 155 

[Docket No. USCG–2011–0576] 

RIN 1625–AB75 

Higher Volume Port Area–State of 

Washington 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is redefining 

the boundaries of the existing higher 

volume port area in the Strait of Juan de 

Fuca and Puget Sound, in Washington. 

This rulemaking is required to make the 

Code of Federal Regulations consistent 

with statute, and is related to the Coast 

Guard’s maritime stewardship 

(environmental protection) mission. 

DATES: This final rule is effective July 6, 

2018. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0576, which is available at http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Christopher Friese, CG–MER– 

1, Coast Guard; telephone 202–372– 

1227, email Christopher.R.Friese@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Basis and Purpose 

III. Regulatory History 

IV. Background 

V. Discussion of Comments on the Notice of 

Proposed Rulemaking 

VI. Discussion of the Rule 

VII. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Abbreviations 

BLS Bureau of Labor Statistics 

CGAA 2010 Coast Guard Authorization Act 

of 2010 (Pub. L. 111–281, 124 Stat. 2905, 

Oct. 15, 2010) 

CGAA 2015 Coast Guard Authorization Act 

of 2015 (Pub. L. 114–120, 130 Stat. 27, Feb. 

8, 2016) 

CFR Code of Federal Regulations 

COMDTINST Commandant Instruction 

CRF Capital recovery factor 

FR Federal Register 

GSA General Services Administration 

HVPA Higher volume port area 

MISLE Marine Information for Safety and 

Law Enforcement 

NAICS North American Industry 

Classification System 

NPRM Notice of proposed rulemaking 

NSFCC National Strike Force Coordination 

Center 

OMB Office of Management and Budget 


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