Release of Official Information for Litigation Purposes and Testimony by Department of the Navy Personnel, 12966-12967 [05-5288]

Download as PDF 12966 Federal Register / Vol. 70, No. 51 / Thursday, March 17, 2005 / Rules and Regulations reference of Bombardier Service Bulletin 601R–76–019, dated August 21, 2003; on March 25, 2004 (69 FR 11293, March 10, 2004). (3) You can get copies of the service information from Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada. You can review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., room PL–401, Nassif Building, Washington, DC; 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/ code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on March 8, 2005. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–5139 Filed 3–16–05; 8:45 am] BILLING CODE 4190–13–P to launch secondary and tertiary payloads aboard the Space Shuttle. Once assembly of the International Space Station is complete, NASA plans to retire the Space Shuttle. Consistent with this new direction and the lack of future flight opportunities, NASA has determined that the SSCP program cannot be sustained as a viable activity, and the program has been terminated. Therefore, NASA has determined that 14 CFR Ch. V 1214.9 is no longer applicable and should be removed. List of Subjects in 14 CFR Part 1214 Government employees, Government procurement, Security measures, Space transportation and exploration. I Therefore, under the authority of 42 U.S.C. 2451 et seq., 14 CFR subpart 1214.9, consisting of §§ 1214.900 through 1214.912, is removed. Subpart 1214.9—[Removed] Sean O’Keefe, Administrator. [FR Doc. 05–5089 Filed 3–16–05; 8:45 am] NATIONAL AERONAUTICS AND SPACE ADMINISTRATION BILLING CODE 7510–13–P 14 CFR Part 1214 DEPARTMENT OF DEFENSE [Notice: 05–045] RIN 2700–AC39 Department of the Navy Small Self-Contained Payloads (SSCPs) 32 CFR Part 725 National Aeronautics and Space Administration (NASA). ACTION: Final rule. Release of Official Information for Litigation Purposes and Testimony by Department of the Navy Personnel RIN 0703–AA76 AGENCY: SUMMARY: NASA is removing the rule on ‘‘Small Self-Contained Payloads (SSCPs).’’ This rule established the rules on Space Shuttle services that are provided by NASA to participants in the SSCP program. Removal of this rule will terminate the SSCP program. DATES: This regulation is effective March 17, 2005. FOR FURTHER INFORMATION CONTACT: Anne Sweet, (202) 358–3784. SUPPLEMENTARY INFORMATION: The Vision for Space Exploration, announced in January 2004, directs NASA to implement a sustained and affordable human and robotic program to explore the solar system and beyond. The first step toward accomplishing these goals is returning the Space Shuttle to safe flight and fulfilling NASA’s obligations to its international partners in assembling the International Space Station. As NASA returns the Space Shuttle to flight, new safety enhancements and a backlog of Space Station up-mass requirements will severely constrain the Agency’s ability VerDate jul<14>2003 14:15 Mar 16, 2005 Jkt 205001 Department of the Navy, DOD. Final rule. AGENCY: ACTION: SUMMARY: The Secretary of the Navy’s sole delegate for service of process, the Navy General Counsel, is changing the address where the service of process documents shall be delivered. This action is being taken in order to streamline the service process and expedite legal response on behalf of the Department of the Navy. DATES: Effective March 17, 2005. FOR FURTHER INFORMATION CONTACT: LT Samuel Wartell, Administrative Assistant, Office of the Navy General Counsel, 1000 Navy Pentagon, Washington, DC 20350–1000, 703–614– 4473. SUPPLEMENTARY INFORMATION: Pursuant to the authority cited below, the Office of the General Counsel, Department of the Navy, amends 32 CFR part 725. DOD Directive 5530.1 stipulates that the General Counsel is the sole delegate of the Secretary of the Navy for service of process in the Department of the Navy. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 This amendment provides notice that the General Counsel wishes to update the address given for this procedure in order to expedite the legal response on behalf of the Department of the Navy. It has been determined that invitation of public comment on this amendment would be impractical and unnecessary, and is therefore not required under the public rule-making provisions of 32 CFR parts 336 and 701. However, interested persons are invited to comment in writing on this amendment. All written comments received will be considered in making subsequent amendments or revisions of 32 CFR part 725, or the instructions on which they are based. It has been determined that this final rule is not a major rule within the criteria specified in Executive Order 12866, as amended by Executive Order 13258, and does not have substantial impact on the public. This submission is a statement of policy and as such can be effective upon publication of the Federal Register. Matters of Regulatory Procedure Executive Order 12866, Regulatory Planning and Review This rule does not meet the definition of ‘‘significant regulatory action’’ for purposes of Executive Order 12866, as amended by Executive Order 13258. Regulatory Flexibility Act This rule will not have a significant economic impact on a substantial number of small entities for purposes of the Regulatory Flexibility Act (5 U.S.C. chapter 6). Paperwork Reduction Act 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). List of Subjects in 32 CFR Part 725 Courts, Government employees. For the reasons set forth in the preamble, the Department of the Navy revises 32 CFR 725.6 (d)(D)(iii) to read as follows: I PART 725—RELEASE OF OFFICIAL INFORMATION FOR LITIGATION PURPOSES AND TESTIMONY BY DEPARTMENT OF THE NAVY PERSONNEL § 725.6 Authority to determine and respond. * * * * * (d) * * * (D) * * * (iii) Documents. 10 U.S.C. 7861 provides that the Secretary of the Navy has custody and charge of all DON E:\FR\FM\17MRR1.SGM 17MRR1 Federal Register / Vol. 70, No. 51 / Thursday, March 17, 2005 / Rules and Regulations books, records, and property. Under DOD Directive 5530.1,6 the Secretary of the Navy’s sole delegate for service of process is the General Counsel of the Navy. See CFR 257.5(c). All process for such documents shall be served upon the General Counsel at the Department of the Navy, Office of the General Counsel, Navy Litigation Office, 720 Kennon Street SE, Bldg 36 Room 233, Washington Navy Yard, DC 20374– 5013, 202–685–7039, who will refer the matter to the proper delegate for action. * * * * * Dated: March 11, 2005. I.C. Le Moyne Jr., Lieutenant, Judge Advocate General’s Corps, U.S. Navy, Alternate Federal Register Liaison Officer. [FR Doc. 05–5288 Filed 3–16–05; 8:45 am] BILLING CODE 3810–FF–P DEPARTMENT OF TRANSPORTATION Saint Lawrence Seaway Development Corporation 33 CFR Part 401 [Docket No. SLSDC 2005–20085] RIN 2135–AA20 Seaway Regulations and Rules: Periodic Update, Various Categories Saint Lawrence Seaway Development Corporation, DOT. ACTION: Final rule. AGENCY: SUMMARY: The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the SLSDC is amending the joint regulations by updating the Seaway Regulations and Rules in various categories. The changes will update the following sections of the Regulation and Rules: Condition of Vessels; Preclearance and Security for Tolls; Seaway Navigation; Dangerous Cargo; Toll Assessment and Payment; Information and Reports; and General. These amendments are necessary to take account of updated procedures and/or technology and will enhance the safety of transits through the Seaway. DATES: This rule is effective on April 18, 2005. FOR FURTHER INFORMATION CONTACT: Craig H. Middlebrook, Acting Chief Counsel, Saint Lawrence Seaway VerDate jul<14>2003 14:15 Mar 16, 2005 Jkt 205001 Development Corporation, 400 Seventh Street, SW., Washington, DC 20590, (202) 366–0091. SUPPLEMENTARY INFORMATION: The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. A Notice of Proposed Rulemaking was published on January 25, 2005 (70 FR 3495). In that notice, the SLSDC proposed changes that would update the following sections of the Regulation and Rules: Condition of Vessels; Preclearance and Security for Tolls; Seaway Navigation; Dangerous Cargo; Toll Assessment and Payment; Information and Reports; and General. Many of these changes are to clarify existing requirements in the regulations. Where new requirements or regulations are being adopted, an explanation for such a change is provided below. Interested parties have been afforded an opportunity to comment. One comment was received seeking clarification of two of the proposed amendments. No comments in opposition were received. Regulatory Notices: Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or you may visit https:// dms.dot.gov. The SLSDC is amending the joint regulations pertaining to the Condition of Vessels. Among the proposed changes include new requirements for certain types of vessels. For example, the SLSDC is adding a new subsection to § 401.3, ‘‘Maximum vessel dimensions’’, to notify ships with a beam greater than 23.20 m that they may be subject to transit restrictions and/or delays during periods of ice cover. Larger beamed vessels often require special handling through the locks under ice conditions and this amendment will adequately notify such vessels that they may be subject to special restrictions or delays as a result of these special precautions. Under § 401.4, ‘‘Maximum length and weight’’, the SLSDC is adding language that would clarify that a transit would be through the Seaway Locks. Also, under § 401.6, ‘‘Markings’’, the SLSDC PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 12967 is adding additional language that clarifies the type of marking needed for vessels with a bulbous bow that extends forward beyond its stem head. The SLSDC is amending § 401.7, ‘‘Fenders’’, to require that permanent fenders be installed on vessels where any structural part of a ship protrudes so as to endanger Seaway installations. From the SLSDC’s experience, permanent fenders provide greater protection than portable fenders and this amendment would enhance the safety of lock transits. The SLSDC is also amending § 401.7 to allow for a one-transit use of a portable fender, pursuant to special approval. The SLSDC recognizes that certain vessels may only need to transit the Seaway once and that requiring them to install permanent fenders may be burdensome. Also, the SLSDC is adding a new subsection to § 401.7 that would allow ships of unusual design to use temporary or permanent fenders not greater than 30 cm in thickness, subject to special approval. Through this new subsection, the SLSDC recognizes that for certain vessels that may need to transit the locks infrequently, or only once, the requirement for permanent fenders may be burdensome. Under § 401.8, ‘‘Landing Booms’’, the SLSDC is adding a new subsection that would require that a ship’s crew shall be adequately trained in the use of landing booms. For ships of more than 50 m in overall length transiting the Seaway, they are to be equipped with landing booms, and it is essential for safety that their crews be trained in the proper use of this equipment. The SLSDC is also adding a new subsection requiring vessels not equipped with landing booms to use the Seaway’s tie-up service. The SLSDC recognizes that some vessels may not be equipped with landing booms and it provides this service for such vessels. Requiring them to use this service will help ensure that ships transit the Seaway safely. The one comment we received regarding the changes to this section sought clarification of the term ‘‘adequately trained’’ as it relates to the use of landing booms. The commenter stated that clarifying this term would allow it and other shipowners to understand the Seaway’s intent in implementing this requirement, which would assist them in complying with the provision. In response to this comment, we note that if a vessel is equipped with landing booms, the booms will be inspected as part of the regular Seaway Inspection, just as any other piece of deck equipment is subject to inspection. Shipowners are responsible for ensuring that their crews E:\FR\FM\17MRR1.SGM 17MRR1

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[Federal Register Volume 70, Number 51 (Thursday, March 17, 2005)]
[Rules and Regulations]
[Pages 12966-12967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5288]


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DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 725

RIN 0703-AA76


Release of Official Information for Litigation Purposes and 
Testimony by Department of the Navy Personnel

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Secretary of the Navy's sole delegate for service of 
process, the Navy General Counsel, is changing the address where the 
service of process documents shall be delivered. This action is being 
taken in order to streamline the service process and expedite legal 
response on behalf of the Department of the Navy.

DATES: Effective March 17, 2005.

FOR FURTHER INFORMATION CONTACT: LT Samuel Wartell, Administrative 
Assistant, Office of the Navy General Counsel, 1000 Navy Pentagon, 
Washington, DC 20350-1000, 703-614-4473.

SUPPLEMENTARY INFORMATION: Pursuant to the authority cited below, the 
Office of the General Counsel, Department of the Navy, amends 32 CFR 
part 725. DOD Directive 5530.1 stipulates that the General Counsel is 
the sole delegate of the Secretary of the Navy for service of process 
in the Department of the Navy. This amendment provides notice that the 
General Counsel wishes to update the address given for this procedure 
in order to expedite the legal response on behalf of the Department of 
the Navy. It has been determined that invitation of public comment on 
this amendment would be impractical and unnecessary, and is therefore 
not required under the public rule-making provisions of 32 CFR parts 
336 and 701. However, interested persons are invited to comment in 
writing on this amendment. All written comments received will be 
considered in making subsequent amendments or revisions of 32 CFR part 
725, or the instructions on which they are based. It has been 
determined that this final rule is not a major rule within the criteria 
specified in Executive Order 12866, as amended by Executive Order 
13258, and does not have substantial impact on the public. This 
submission is a statement of policy and as such can be effective upon 
publication of the Federal Register.

Matters of Regulatory Procedure

Executive Order 12866, Regulatory Planning and Review

    This rule does not meet the definition of ``significant regulatory 
action'' for purposes of Executive Order 12866, as amended by Executive 
Order 13258.

Regulatory Flexibility Act

    This rule will not have a significant economic impact on a 
substantial number of small entities for purposes of the Regulatory 
Flexibility Act (5 U.S.C. chapter 6).

Paperwork Reduction Act

    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).

List of Subjects in 32 CFR Part 725

    Courts, Government employees.


0
For the reasons set forth in the preamble, the Department of the Navy 
revises 32 CFR 725.6 (d)(D)(iii) to read as follows:

PART 725--RELEASE OF OFFICIAL INFORMATION FOR LITIGATION PURPOSES 
AND TESTIMONY BY DEPARTMENT OF THE NAVY PERSONNEL


Sec.  725.6  Authority to determine and respond.

* * * * *
    (d) * * *
    (D) * * *
    (iii) Documents. 10 U.S.C. 7861 provides that the Secretary of the 
Navy has custody and charge of all DON

[[Page 12967]]

books, records, and property. Under DOD Directive 5530.1,⁶ 
the Secretary of the Navy's sole delegate for service of process is the 
General Counsel of the Navy. See CFR 257.5(c). All process for such 
documents shall be served upon the General Counsel at the Department of 
the Navy, Office of the General Counsel, Navy Litigation Office, 720 
Kennon Street SE, Bldg 36 Room 233, Washington Navy Yard, DC 20374-
5013, 202-685-7039, who will refer the matter to the proper delegate 
for action.
* * * * *

    Dated: March 11, 2005.
I.C. Le Moyne Jr.,
Lieutenant, Judge Advocate General's Corps, U.S. Navy, Alternate 
Federal Register Liaison Officer.
[FR Doc. 05-5288 Filed 3-16-05; 8:45 am]
BILLING CODE 3810-FF-P

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