Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Rules and Regulations 60947 

PART 938—PENNSYLVANIA 

■ 1. The authority citation for part 938 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

§ 938.16 [Amended] 

■ 2. In § 938.16, remove paragraph (h). 

[FR Doc. E8–24477 Filed 10–14–08; 8:45 am] 

BILLING CODE 4310–05–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 

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 (Admiralty and Maritime Law) 

has determined that Unmanned Surface 

Vehicles with hull numbers 

11MUC0601, 11MUC0602, 11MUC0603 

and 11MUCO604, are vessels of the 

Navy which, due to their special 

construction and purpose, cannot fully 

comply with certain provisions of the 72 

COLREGS without interfering with their 

special function as naval vessels. The 

intended effect of this rule is to warn 

mariners in waters where 72 COLREGS 

apply. 

DATES: This rule is effective October 15, 

2008 and is applicable beginning 16 

June 2008). 

FOR FURTHER INFORMATION CONTACT: 

Commander M. Robb Hyde, JAGC, U.S. 

Navy, Deputy Assistant Judge Advocate 

General (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 202– 

685–5040. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the authority granted in 33 U.S.C. 

1605, the Department of the Navy 

amends 32 CFR Part 706. This 

amendment provides notice that the 

Deputy Assistant Judge Advocate 

General (Admiralty and Maritime Law), 

under authority delegated by the 

Secretary of the Navy, has certified that 

Unmanned Surface Vehicles with hull 

numbers 11MUC0601, 11MUC0602, 

11MUC0603 and 11MUCO604 are 

vessels of the Navy which, due to their 

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: Rule 21(a), 

pertaining to the position of the 

masthead light or lights being located 

over the fore and aft centerline of the 

vessel; 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; Rule 

27(b)(i), pertaining to the placement of 

three all-round lights in a vertical line 

and Annex I, paragraph 2(i)(ii), 

pertaining to the vertical separation of 

the Restricted Maneuvering Light Array 

lights. The Deputy Assistant Judge 

Advocate General (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 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: 

Authority: 33 U.S.C. 1605. 

■ 2. Section 706.2 is amended as 

follows: 

■ A. In Table Two, by adding, at the end 

of the table under the ‘‘Vessel’’ category, 

the following entry for Unmanned 

Surface Vehicles with hull numbers 

11MUC0601, 11MUC0602, 11MUC0603 

and 11MUCO604: 

■ B. In Table Four, Paragraph Sixteen by 

adding, at the end of the table under the 

‘‘Vessel’’ category, the following entry 

for Unmanned Surface Vehicles with 

hull numbers 11MUC0601, 

11MUC0602, 11MUC0603 and 

11MUCO604: 

■ C. In Table Four by adding new 

paragraphs 23 and 24: 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

Vessel Number 

Masthead 

lights, distance to 

stbd of 

keel in meters; Rule 

21(a) 

Forward 

anchor 

light, distance 

below flight 

dk in meters: § 2(k), 

Annex I 

Forward 

anchor 

light, number of; 

Rule 

30(a)(i) 

AFT anchor light, 

distance 

below flight 

dk in meters; Rule 

21(e), Rule 

30(a)(ii) 

AFT anchor light, 

number of; 

Rule 

30(a)(ii) 

Side lights, 

distance 

below flight 

dk in meters; § 2(g), 

Annex I 

Side lights, 

distance 

forward of 

forward 

masthead 

light in meters; § 3(b), 

Annex I 

Side lights, 

distance 

inboard of 

ship’s 

sides in 

meters; 

§ 3(b), 

Annex I 

USV .... 11MUC0601, 11MUC0602, 11MUC0603, 

11MUC0604.

0.40 .................. .................. .................. .................. .................. .................. ..................

* * * * * Table 4 

* * * * * 

16. * * * 

Vessel Number 

Obstruction angle 

relative ship’s 

headings 

USV ........................................ 11MUCO601, 11MUCO602, 11MUC0603, 11MUC0604 ....................................................... 271° thru 278°. 


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60948 Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Rules and Regulations 

* * * * * 

23. On the following ships the 

verticality of the restricted maneuvering 

light array do not meet verticality 

requirements described in Rule 27(b)(i). 

Vessel Number 

Verticality of lights, 

when viewed from 

directly port or starboard, the lower 

task light is out of 

alignment with the 

upper and middle 

task light in meters 

by: 

USV ........................................ 11MUCO601, 11MUCO602, 11MUC0603, 11MUC0604 ....................................................... 0.85 

24. On the following ships the vertical 

separation of the Restricted 

Maneuvering Light Array lights do not 

meet requirements described in Annex 

I, paragraph 2(i)(ii). 

Vessel Number 

Restricted maneuvering light array, 

vertical spacing in 

meters 

USV ........................................ 11MUCO601, 11MUCO602, 11MUC0603, 11MUC0604 ....................................................... 0.49 

Approved: June 16, 2008. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate, General (Admiralty 

and Maritime Law). 

[FR Doc. E8–24391 Filed 10–14–08; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 750 

[USN–2006–0038] 

RIN 0703–AA78 

General Claims Regulations 

AGENCY: Department of the Navy, DoD. 

ACTION: Final rule. 

SUMMARY: The Department of the Navy 

has adopted as final, an interim rule 

amending regulations concerning the 

administrative processing and 

consideration of claims on behalf of and 

against the United States. The revisions 

will ensure the proper administrative 

processing and consideration of claims 

on behalf of and against the United 

States. This rule is being published by 

the Department of the Navy for guidance 

and interest of the public in accordance 

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

DATES: This rule is effective October 15, 

2008. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Hal Dronberger, Claims and Tort 

Litigation Division (Code 15), Office of 

the Judge Advocate General, 1322 

Patterson Avenue, SE., Washington 

Navy Yard, DC 20374, telephone: 202– 

685–4600. 

SUPPLEMENTARY INFORMATION: The 

Department of the Navy published an 

interim rule at 72 FR 53417 on 

September 19, 2007, to amend 

regulations concerning the 

administrative processing and 

consideration of claims on behalf of and 

against the United States. No comments 

on the interim final rule were 

submitted. Accordingly, the interim rule 

amending 32 CFR part 750 is adopted as 

a final rule with no changes. 

Executive Order 12866, ‘‘Regulatory 

Planning and Review.’’ It has been 

determined that the changes to 32 CFR 

part 750 are not considered a 

‘‘significant regulatory action.’’ The rule 

does not: 

(1) Have an annual affect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector in the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of the recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order. 

Unfunded Mandates Reform Act (Sec. 

202, Pub. L. 104–4). It has been certified 

that 32 CFR part 750 does not contain 

Federal Mandates that result in 

expenditures by State, local and tribal 

governments, in aggregate, or by the 

private sector, of $100 million or more 

in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601). It has 

been determined that this rule is not 

subject to the Regulatory Flexibility Act 

(5 U.S.C. 601) because it would not, if 

promulgated, have a significant 

economic impact on a substantial 

number of small entities. This rule 

implements the processing of the proper 

administrative processing and 

consideration of claims on behalf of and 

against the United States, and does not 

economically impact the Federal 

government’s relations with the private 

sector. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35). 

This rule does not impose collection of 

information requirements for purposes 

of the Paperwork Reduction Act (44 

U.S.C. Chapter 35, 5 CFR part 1320). 

Executive Order 13132, ‘‘Federalism’’. 

It has been certified that 32 CFR part 

750 does not have federalism 

implications as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

Accordingly, the interim rule 

amending 32 CFR part 750 which was 

published at 72 FR 53417 on September 


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