Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 15567-15569 [06-2991]

Download as PDF 15567 Federal Register / Vol. 71, No. 60 / Wednesday, March 29, 2006 / Rules and Regulations Approved: February 24, 2006. Gregg A. Cervi, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law). [FR Doc. 06–2993 Filed 3–28–06; 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 BARRY (DDG 52) 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: February 24, 2006. 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 BARRY (DDG 52) 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(f)(ii), pertaining to the vertical placement of task lights; and Annex I, paragraph 3(a), pertaining to the horizontal distance between the forward and after masthead 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. All other previously certified deviations from the 72 COLREGS not affected by this amendment remain in effect. 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: I 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: I Authority: 33 U.S.C. 1605. 2. In Table Four, Paragraph 16 of § 706.2 remove the entry for USS BARRY (DDG 52). I 3. In Table Five of § 706.2 revise the entry for USS BARRY (DDG 52) to read as follows: I § 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) * * USS BARRY .............................. DDG 52 ... * * ...................................... X * * * Approved: February 24, 2006. Gregg A. Cervi, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law). [FR Doc. 06–2992 Filed 3–28–06; 8:45 am] hsrobinson on PROD1PC68 with RULES BILLING CODE 3810–FF–P * * 32 CFR Part 706 Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972 ACTION: Department of the Navy, DOD. Final rule. SUMMARY: The Department of the Navy is amending its certifications and VerDate Aug<31>2005 15:34 Mar 28, 2006 Jkt 208001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 * 14.7 * * Department of the Navy Percentage horizontal separation attained * * X DEPARTMENT OF DEFENSE AGENCY: After masthead less than 1⁄2 ship’s length aft of forward masthead light. Annex I, sec. 3(a) 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 FARRAGUT (DDG 99) 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. E:\FR\FM\29MRR1.SGM 29MRR1 15568 DATES: Federal Register / Vol. 71, No. 60 / Wednesday, March 29, 2006 / Rules and Regulations Effective Date: December 8, 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. 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 FARRAGUT (DDG 99) 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(f)(i), pertaining to the placement of the masthead light or lights above and clear SUPPLEMENTARY INFORMATION: 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 lights; and Annex I, paragraph 3(c), pertaining to placement of task lights not less than two meters from the fore and aft centerline of the ship in the athwartship direction. 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. Number * * * USS FARRAGUT .............................................................. * DDG 99 .............................. * * 3. Table Four, Paragraph 16 of § 706.2 is amended by adding, in numerical I 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: I 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: I Authority: 33 U.S.C. 1605. 2. Table Four, Paragraph 15 of § 706.2 is amended by adding, in numerical order, the following entry for USS FARRAGUT I § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * Vessel * * * USS FARRAGUT .............................................................. * DDG 99 .............................. 4. Table Five of § 706.2 is amended by adding, in numerical order, the following entry for USS FARRAGUT: hsrobinson on PROD1PC68 with RULES I VerDate Aug<31>2005 17:29 Mar 28, 2006 Jkt 208001 * PO 00000 * * Frm 00012 * Fmt 4700 * * * * * Obstruction angle relative ship’s headings * 109.12° thru 112.50°. * E:\FR\FM\29MRR1.SGM 29MRR1 * * * * Sfmt 4700 * * § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * * § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. Number * * * * order, the following entry for USS FARRAGUT: * * * 1.84 meters. * * * Horizontal distance from the fore and aft centerline of the vessel in the athwartship direction Vessel * List of Subjects in 32 CFR Part 706 * 15569 Federal Register / Vol. 71, No. 60 / Wednesday, March 29, 2006 / Rules and Regulations TABLE FIVE Masthead lights not over all other lights and obstructions. Annex I, sec. 2(f) Vessel No. * * USS FARRAGUT ...................... DDG 99 ... * * * 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 RIN 1018–AU05 Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D—2006–07 Subsistence Taking of Fish and Shellfish Regulations Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Final rule. hsrobinson on PROD1PC68 with RULES AGENCIES: SUMMARY: This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2006–07 regulatory year. The rulemaking is necessary because Subpart D is subject to an annual public review cycle. This rulemaking replaces the fish and shellfish taking regulations included in the ‘‘Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D—2005–06 Subsistence Taking of Fish and Wildlife Regulations,’’ which expire on March 31, 2006. This rule also amends the Customary and Traditional Use Determinations of the Federal Subsistence Board (Section ll.24 of Subpart C). DATES: Sections ll.24(a)(2) and (3) are effective April 1, 2006. Sections ll.27 and ll.28 are effective April 1, 2006, through March 31, 2007. FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o VerDate Aug<31>2005 19:09 Mar 28, 2006 * Jkt 208001 * Frm 00013 Fmt 4700 * * Sfmt 4700 * 14.5 * X 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 public lands, 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 1978, the State implemented a program that the Department of the Interior found to be consistent with ANILCA. However, in December 1989, the Alaska Supreme Court ruled in McDowell v. State of Alaska that the rural preference in the State subsistence statute violated the Alaska Constitution. The Court’s ruling in McDowell required the State to delete the rural preference from the subsistence statute and, therefore, negated State compliance with ANILCA. The Court stayed the effect of the decision until July 1, 1990. As a result of the McDowell decision, 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. On June 29, 1990, the Temporary Subsistence Management Regulations for Public Lands in Alaska were published in the Federal Register (55 FR 27114). On January 8, 1999 (64 FR 1276), the Departments extended jurisdiction to include waters in which there exists a Federal reserved water right. This amended rule conformed the Federal Subsistence Management Percentage horizontal separation attained * X U.S. Fish and Wildlife Service, Attention: Thomas H. Boyd, Office of Subsistence Management; (907) 786– 3888. For questions specific to National Forest System lands, contact Steve Kessler, Regional Subsistence Program Leader, USDA, Forest Service, Alaska Region, (907) 786–3592. SUPPLEMENTARY INFORMATION: PO 00000 After masthead light less than 1/2 ship’s length aft of forward masthead light. Annex I, sec. 3(a) * X * Approved: December 8, 2005. Anthony J. Mazzeo, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) (Acting). [FR Doc. 06–2991 Filed 3–28–06; 8:45 am] Forward masthead light not in forward quarter of ship. Annex I, sec. 3(a) Program to the Ninth Circuit’s ruling in Alaska v. Babbitt. Consistent with Subparts A, B, and C of these regulations, as revised May 7, 2002 (67 FR 30559), 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, U.S. National Park Service; the Alaska State Director, U.S. Bureau of Land Management; the Alaska Regional Director, U.S. Bureau of Indian Affairs; and the Alaska Regional Forester, USDA Forest Service. Through the Board, these agencies participated in the development of regulations for Subparts A, B, and C, and the annual Subpart D regulations. All Board members have reviewed this rule and agree with its substance. Because this rule relates to public lands managed by agencies in both the Departments of Agriculture and the Interior, identical text will be incorporated into 36 CFR part 242 and 50 CFR part 100. Applicability of Subparts A, B, and C Subparts A, B, and C (unless otherwise amended) of the Subsistence Management Regulations for Public Lands in Alaska, 50 CFR 100.1 to 100.23 and 36 CFR 242.1 to 242.23, remain effective and apply to this rule. Therefore, all definitions located at 50 CFR 100.4 and 36 CFR 242.4 apply to regulations found in this subpart. Federal Subsistence Regional Advisory Councils Pursuant to the Record of Decision, Subsistence Management Regulations for Federal Public Lands in Alaska, April 6, 1992, and the Subsistence Management Regulations for Federal Public Lands in Alaska, 36 CFR 242.11 and 242.22 (2002) and 50 CFR 100.11 and 100.22 (2002), and for the purposes E:\FR\FM\29MRR1.SGM 29MRR1

Agencies

[Federal Register Volume 71, Number 60 (Wednesday, March 29, 2006)]
[Rules and Regulations]
[Pages 15567-15569]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2991]

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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 FARRAGUT (DDG 99) 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.

[[Page 15568]]

DATES: Effective Date: December 8, 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 FARRAGUT (DDG 99) 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(f)(i), pertaining to the 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 lights; and
Annex I, paragraph 3(c), pertaining to placement of task lights not
less than two meters from the fore and aft centerline of the ship in
the athwartship direction. 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 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 Four, Paragraph 15 of Sec. 706.2 is amended by adding, in
numerical order, the following entry for USS FARRAGUT

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

* * * * *

------------------------------------------------------------------------
Horizontal distance
from the fore and aft
Vessel Number centerline of the
vessel in the
athwartship direction
------------------------------------------------------------------------

* * * * * * *
USS FARRAGUT.................. DDG 99........... 1.84 meters.

* * * * * * *
------------------------------------------------------------------------

0
3. Table Four, Paragraph 16 of Sec. 706.2 is amended by adding, in
numerical order, the following entry for USS FARRAGUT:

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

* * * * *

------------------------------------------------------------------------
Obstruction angle
Vessel Number relative ship's
headings
------------------------------------------------------------------------

* * * * * * *
USS FARRAGUT.................. DDG 99........... 109.12[deg] thru
112.50[deg].

* * * * * * *
------------------------------------------------------------------------

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

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

* * * * *

[[Page 15569]]

Table Five
--------------------------------------------------------------------------------------------------------------------------------------------------------
After masthead light
Masthead lights not Forward masthead light less than 1/2 ship's Percentage
Vessel No. over all other lights not in forward quarter length aft of forward horizontal
and obstructions. of ship. Annex I, sec. masthead light. Annex separation
Annex I, sec. 2(f) 3(a) I, sec. 3(a) attained
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
USS FARRAGUT........................ DDG 99................ X..................... X..................... X..................... 14.5

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

Approved: December 8, 2005.
Anthony J. Mazzeo,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General
(Admiralty and Maritime Law) (Acting).
[FR Doc. 06-2991 Filed 3-28-06; 8:45 am]
BILLING CODE 3810-FF-P

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