Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 46766-46768 [05-15902]

Download as PDF 46766 Federal Register / Vol. 70, No. 154 / Thursday, August 11, 2005 / Rules and Regulations 3. Table Four, Paragraph 16 of § 706.2 is amended by adding, in numerical I § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. order, the following entry for USS NITZE: * * * * * Obstruction angle relative ship’s headings Vessel Number * * * USS NITZE ......................................................................... * * * DDG 94 .............................................................................. * * * * * * 108.75 thru 112.50 * * § 706.2 Certifications of the Secretary of 4. Table Five of § 706.2 is amended by adding, in numerical order, the following the Navy under Executive Order 11964 and 33 U.S.C. 1605. entry for USS NITZE: * * * * * I TABLE FIVE Vessel Number Masthead lights not over all other lights and obstructions. Annex I, sec. 2(f) * * USS NITZE ....................................... * * DDG 94 ............................................. X * * * Approved: September 22, 2004. G.A. Cervi, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law). Editorial Note: This document was received at the Office of the Federal Register August 8, 2005. [FR Doc. 05–15903 Filed 8–10–05; 8:45 am] BILLING CODE 3810–FF–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, DOD. Final rule. AGENCY: ACTION: 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 USS SAN VerDate jul<14>2003 13:55 Aug 10, 2005 Jkt 205001 * * Frm 00024 Fmt 4700 Sfmt 4700 After masthead light less than 1/2 ship’s length aft of forward masthead light. Annex I, sec. 3(a) * X X * ANTONIO (LPD 17) 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: Effective Date: March 25, 2005. FOR FURTHER INFORMATION CONTACT: Commander Gregg A. Cervi, 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 USS SAN ANTONIO (LPD 17) 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 PO 00000 Forward masthead light not in forward quarter of ship. Annex I, sec. 3(a) * Percentage horizontal separation attained * 14.5 * without interfering with its special function as a naval ship: Rule 27, pertaining to the placement of all-round task lights in a vertical line; Annex I, paragraph 3(a), pertaining to the horizontal distance between the forward and after masthead lights; and Annex I, paragraph 2(k), pertaining to the vertical separation between anchor 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 I E:\FR\FM\11AUR1.SGM 11AUR1 46767 Federal Register / Vol. 70, No. 154 / Thursday, August 11, 2005 / Rules and Regulations the Code of Federal Regulations as follows: 2. Table Three of § 706.2 is amended by adding, in numerical order, the following entry for USS SAN ANTONIO: I PART 706—CERTIFICATIONS AND EXEMPTIONS UNDER THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972 § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. 1. The authority citation for part 706 continues to read: I * * * * * Authority: 33 U.S.C. 1605. TABLE THREE Number Vessel * USS SAN ANTONIO. * LPD 17 ...... Side lights arc of visibility; rule 21(b) ...................... * Stern light arc of visibility; rule 21(c) ...................... Masthead lights arc of visibility; rule 21(a) Side lights distance inboard of ship’s sides in meters 3(b) Annex 1 * ...................... * ...................... * * * 3. Table Four of § 706.2 is amended by adding the following paragraph: I * * ...................... ...................... * § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * * * * 20. On the following ships, the allround task lights (not under command Anchor lights relationship of aft light to forward light in meters 2(K) Annex 1 Forward anchor light, height above hull in meters; 2(K) Annex 1 Stern light, distance forward of stern in meters; rule 21(c) * * 1.3 below * or restricted in ability to maneuver) required by Rule 27(a) and (b) are unable to be mounted in a vertical line. Instead, the lights deviate from a vertical line by the indicated amount. Angle in degrees of task lights off vertical as viewed from directly ahead or astern Vessel Number USS SAN ANTONIO .................................................................. LPD 17 ....................................................................................... 10 § 706.2 Certifications of the Secretary of 4. Table Five of § 706.2 is amended by adding, in numerical order, the following the Navy under Executive Order 11964 and 33 U.S.C. 1605. entry for USS SAN ANTONIO: * * * * * I TABLE FIVE Masthead lights not over all other lights and obstructions. Annex I, sec. 2(f) Vessel Number * * USS SAN ANTONIO ......................... * * LPD 17 .............................................. * VerDate jul<14>2003 * 13:55 Aug 10, 2005 * Jkt 205001 PO 00000 * ........................ ........................ * Frm 00025 Fmt 4700 Forward masthead light not in forward quarter of ship. Annex I, sec. 3(a) Sfmt 4700 * E:\FR\FM\11AUR1.SGM After masthead light less than 1/2 ship’s length aft forward masthead light. Annex I, sec. 3(a) * * X * 11AUR1 Percentage horizontal separation attained 71.0 * 46768 Federal Register / Vol. 70, No. 154 / Thursday, August 11, 2005 / Rules and Regulations Approved: March 25, 2005. Gregg A. Cervi, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General (Admiralty and Maritime Law). [FR Doc. 05–15902 Filed 8–10–05; 8:45 am] BILLING CODE 3810–FF–P DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 Subsistence Management Regulations for Public Lands in Alaska, Subpart D; Seasonal Adjustment—Copper River Forest Service, USDA; Fish and Wildlife Service, Interior. ACTION: Seasonal adjustment. AGENCIES: SUMMARY: This provides notice of the Federal Subsistence Board’s in-season management action to protect sockeye salmon escapement in the Copper River, while still providing for a subsistence harvest. The revised fishing schedule for the Chitina Subdistrict of the Copper River will provide an exception to the Subsistence Management Regulations for Public Lands in Alaska, published in the Federal Register on March 21, 2005. Those regulations established seasons, harvest limits, methods, and means relating to the taking of fish and shellfish for subsistence uses during the 2005 regulatory year. DATES: The fishing schedule for the Chitina Subdistrict of the Upper Copper River District is effective July 18, 2005, through September 17, 2005. FOR FURTHER INFORMATION CONTACT: Thomas H. Boyd, Office of Subsistence Management, U.S. Fish and Wildlife Service, telephone (907) 786–3888. For questions specific to National Forest System lands, contact Steve Kessler, Subsistence Program Manager, USDA— Forest Service, Alaska Region, telephone (907) 786–3592. SUPPLEMENTARY INFORMATION: Background Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111–3126) requires that the Secretary of the Interior and the Secretary of Agriculture (Secretaries) implement a joint program to grant a preference for subsistence uses of fish and wildlife resources on VerDate jul<14>2003 13:55 Aug 10, 2005 Jkt 205001 public lands in Alaska, unless the State of Alaska enacts and implements laws of general applicability that are consistent with ANILCA and that provide for the subsistence definition, preference, and participation specified in Sections 803, 804, and 805 of ANILCA. In December 1989, the Alaska Supreme Court ruled that the rural preference in the State subsistence statute violated the Alaska Constitution and, therefore, negated State compliance with ANILCA. The Department of the Interior and the Department of Agriculture (Departments) assumed, on July 1, 1990, responsibility for implementation of Title VIII of ANILCA on public lands. The Departments administer Title VIII through regulations at Title 50, Part 100 and Title 36, Part 242 of the Code of Federal Regulations (CFR). Consistent with Subparts A, B, and C of these regulations, as revised January 8, 1999 (64 FR 1276), the Departments established a Federal Subsistence Board to administer the Federal Subsistence Management Program. The Board’s composition includes a Chair appointed by the Secretary of the Interior with concurrence of the Secretary of Agriculture; the Alaska Regional Director, U.S. Fish and Wildlife Service; the Alaska Regional Director, National Park Service; the Alaska State Director, Bureau of Land Management; the Alaska Regional Director, Bureau of Indian Affairs; and the Alaska Regional Forester, USDA Forest Service. Through the Board, these agencies participate in the development of regulations for Subparts A, B, and C, which establish the program structure and determine which Alaska residents are eligible to take specific species for subsistence uses, and the annual Subpart D regulations, which establish seasons, harvest limits, and methods and means for subsistence take of species in specific areas. Subpart D regulations for the 2005 fishing seasons, harvest limits, and methods and means were published on March 21, 2005 (70 FR 13377). Because this action relates to public lands managed by an agency or agencies in both the Departments of Agriculture and the Interior, identical closures and adjustments would apply to 36 CFR part 242 and 50 CFR part 100. The Alaska Department of Fish and Game (ADF&G), under the direction of the Alaska Board of Fisheries (BOF), manages sport, commercial, personal use, and State subsistence harvest on all lands and waters throughout Alaska. However, on Federal lands and waters, the Federal Subsistence Board implements a subsistence priority for rural residents as provided by Title VIII PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 of ANILCA. In providing this priority, the Board may, when necessary, preempt State harvest regulations for fish or wildlife on Federal lands and waters. These actions are authorized and in accordance with 50 CFR 100.19(d–e) and 36 CFR 242.19(d–e). Copper River—Chitina Subdistrict In December 2001, the Board adopted regulatory proposals establishing a new Federal subsistence fishery in the Chitina Subdistrict of the Copper River. This fishery is open to Federally qualified users having customary and traditional use of salmon in this Subdistrict. The State conducts a personal use fishery in this Subdistrict that is open to all Alaska residents. Management of the fishery is based on the numbers of salmon returning to the Copper River. A larger than predicted salmon run will allow additional fishing time. A smaller than predicted run will require restrictions to achieve upriver passage and spawning escapement goals. A run that approximates the preseason forecast will allow fishing to proceed similar to the pre-season schedule with some adjustments made to fishing time based on in-season data. Adjustments to the preseason schedule are expected as a normal function of an abundance-based management strategy. State and Federal managers, reviewing and discussing all available in-season information, will make these adjustments. While Federal and State regulations currently differ for this Subdistrict, the Board indicated that Federal in-season management actions regarding fishing periods were expected to mirror State actions. The State established a preseason schedule of allowable fishing periods based on daily projected sonar estimates. The preseason schedule was intended to distribute the harvest throughout the salmon run and provide salmon for upriver subsistence fisheries and the spawning escapement. During July 4–July 10, there were 55,740 salmon counted past the Miles Lake sonar. The preseason projection for this period was 48,848 salmon; therefore, an excess of 6,892 salmon passed the sonar during this period which will allow for increased fishing time during the eighth open period. Copper River sockeye salmon migratory timing and the previous 5-year average harvest and participation rates indicate sufficient numbers of salmon available to allow 168 hours of fishing time during the week of July 18–July 24. Depending on actual numbers of salmon passing the Miles Lake sonar, future openings may be increased or decreased accordingly. E:\FR\FM\11AUR1.SGM 11AUR1

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[Federal Register Volume 70, Number 154 (Thursday, August 11, 2005)]
[Rules and Regulations]
[Pages 46766-46768]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15902]


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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 USS SAN ANTONIO (LPD 17) 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: Effective Date: March 25, 2005.

FOR FURTHER INFORMATION CONTACT: Commander Gregg A. Cervi, 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 USS SAN ANTONIO (LPD 17) 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: 
Rule 27, pertaining to the placement of all-round task lights in a 
vertical line; Annex I, paragraph 3(a), pertaining to the horizontal 
distance between the forward and after masthead lights; and Annex I, 
paragraph 2(k), pertaining to the vertical separation between anchor 
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.

0
For the reasons set forth in the preamble, amend part 706 of title 32 
of

[[Page 46767]]

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:

    Authority: 33 U.S.C. 1605.


0
2. Table Three of Sec.  706.2 is amended by adding, in numerical order, 
the following entry for USS SAN ANTONIO:


Sec.  706.2  Certifications of the Secretary of the Navy under 
Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

                                                                       Table Three
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                             Forward
                                                      Masthead                                 Side lights  Stern light,     anchor       Anchor lights
                                                     lights arc    Side lights   Stern light    distance      distance       light,      relationship of
             Vessel                    Number            of          arc of        arc of      inboard of    forward of   height above    aft light to
                                                     visibility;   visibility;   visibility;  ship's sides    stern in       hull in    forward light in
                                                     rule 21(a)    rule 21(b)    rule 21(c)     in meters   meters; rule  meters; 2(K)     meters 2(K)
                                                                                              3(b) Annex 1      21(c)        Annex 1         Annex 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
USS SAN ANTONIO................  LPD 17...........  ............  ............  ............  ............  ............  ............  1.3 below
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. Table Four of Sec.  706.2 is amended by adding the following 
paragraph:


Sec.  706.2  Certifications of the Secretary of the Navy under 
Executive Order 11964 and 33 U.S.C. 1605.

* * * * *
    20. On the following ships, the all-round task lights (not under 
command or restricted in ability to maneuver) required by Rule 27(a) 
and (b) are unable to be mounted in a vertical line. Instead, the 
lights deviate from a vertical line by the indicated amount.

------------------------------------------------------------------------
                                                             Angle in
                                                            degrees of
                                                            task lights
              Vessel                       Number          off vertical
                                                          as viewed from
                                                          directly ahead
                                                             or astern
------------------------------------------------------------------------
USS SAN ANTONIO...................  LPD 17..............              10
------------------------------------------------------------------------


0
4. Table Five of Sec.  706.2 is amended by adding, in numerical order, 
the following entry for USS SAN ANTONIO:


Sec.  706.2  Certifications of the Secretary of the Navy under 
Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

                                                   Table Five
----------------------------------------------------------------------------------------------------------------
                                                                                  After masthead
                                                     Masthead         Forward       light less
                                                    lights not    masthead light     than 1/2       Percentage
                                                  over all other  not in forward   ship's length    horizontal
            Vessel                   Number         lights and      quarter of      aft forward     separation
                                                   obstructions.  ship. Annex I,     masthead        attained
                                                   Annex I, sec.     sec. 3(a)     light. Annex
                                                       2(f)                        I, sec. 3(a)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
USS SAN ANTONIO...............  LPD 17..........  ..............  ..............               X            71.0
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------



[[Page 46768]]

    Approved: March 25, 2005.
Gregg A. Cervi,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
[FR Doc. 05-15902 Filed 8-10-05; 8:45 am]
BILLING CODE 3810-FF-P