Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 63375-63376 [E8-25426]
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Federal Register / Vol. 73, No. 207 / Friday, October 24, 2008 / Rules and Regulations
payment in the nature of a special
assessment to finance capital
improvements that is imposed on a
limited class of persons based on
benefits received from the capital
improvements financed with the
assessment. Thus, a special assessment
to finance infrastructure improvements
in a new industrial park (such as
sidewalks, streets, streetlights, and
utility infrastructure improvements) that
is imposed on a limited class of persons
composed of property owners within
the industrial park who benefit from
those improvements is a special charge.
By contrast, an otherwise qualified
generally applicable tax (such as a
generally applicable ad valorem tax on
all real property within a governmental
taxing jurisdiction) or an eligible PILOT
under paragraph (e)(5) of this section
that is based on such a generally
applicable tax is not treated as a special
charge merely because the taxes or
PILOTs received are used for
governmental or public purposes in a
manner which benefits particular
property owners.
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(5) Payments in lieu of taxes. A tax
equivalency payment or other payment
in lieu of a tax (‘‘PILOT’’) is treated as
a generally applicable tax if it meets the
requirements of paragraphs (e)(5)(i)
through (iv) of this section—
(i) Maximum amount limited by
underlying generally applicable tax. The
PILOT is not greater than the amount
imposed by a statute for a generally
applicable tax in each year.
(ii) Commensurate with a generally
applicable tax. The PILOT is
commensurate with the amount
imposed by a statute for a generally
applicable tax in each year under the
commensurate standard set forth in this
paragraph (e)(5)(ii). For this purpose,
except as otherwise provided in this
paragraph (e)(5)(ii), a PILOT is
commensurate with a generally
applicable tax only if it is equal to a
fixed percentage of the generally
applicable tax that would otherwise
apply in each year or it reflects a fixed
adjustment to the generally applicable
tax that would otherwise apply in each
year. A PILOT based on a property tax
does not fail to be commensurate with
the property tax as a result of changes
in the level of the percentage of or
adjustment to that property tax for a
reasonable phase-in period ending when
the subject property is placed in service
(as defined in § 1.150–2(c)). A PILOT
based on a property tax must take into
account the current assessed value of
the property for property tax purposes
for each year in which the PILOT is paid
VerDate Aug<31>2005
15:58 Oct 23, 2008
Jkt 217001
and that assessed value must be
determined in the same manner and
with the same frequency as property
subject to the property tax. A PILOT is
not commensurate with a generally
applicable tax, however, if the PILOT is
set at a fixed dollar amount (for
example, fixed debt service on a bond
issue) that cannot vary with changes in
the level of the generally applicable tax
on which it is based.
(iii) Use of PILOTs for governmental
or public purposes. The PILOT is to be
used for governmental or public
purposes for which the generally
applicable tax on which it is based may
be used.
(iv) No special charges. The PILOT is
not a special charge under paragraph
(e)(3) of this section.
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■ Par. 4. Section 1.141–15 is amended
by adding paragraph (k) to read as
follows:
§ 1.141–15
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(k) Effective/applicability dates for
certain regulations relating to generally
applicable taxes and payments in lieu of
tax—(1) In general. Except as otherwise
provided in paragraphs (k)(2) and (k)(3)
of this section, revised §§ 1.141–4(e)(2),
1.141–4(e)(3) and 1.141–4(e)(5) apply to
bonds sold on or after October 24, 2008
that are otherwise subject to the 1997
Regulations (defined in paragraph (b)(1)
of this section).
(2) Transitional rule for certain
refundings. Paragraph (k)(1) does not
apply to bonds that are issued to refund
bonds if—
(i) Either—
(A) The refunded bonds (or the
original bonds in a series of refundings)
were sold before October 24, 2008, or
(B) The refunded bonds (or the
original bonds in a series of refundings)
satisfied the transitional rule for projects
substantially in progress under
paragraph (k)(3) of this section; and
(ii) The weighted average maturity of
the refunding bonds does not exceed the
remaining weighted average maturity of
the refunded bonds.
(3) Transitional rule for certain
projects substantially in progress.
Paragraph (k)(1) of this section does not
apply to bonds issued for projects for
which all of the following requirements
are met:
(i) A governmental person (as defined
in § 1.141–1) took official action
evidencing its preliminary approval of
the project before October 19, 2006, and
the plan of finance for the project in
place at that time contemplated
financing the project with tax-exempt
bonds to be paid or secured by PILOTs.
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(ii) Before October 19, 2006,
significant expenditures were paid or
incurred with respect to the project or
a contract was entered into to pay or
incur significant expenditures with
respect to the project.
(iii) The bonds for the project
(excluding refunding bonds) are issued
on or before December 31, 2009.
Steven Miller,
Deputy Commissioner for Services and
Enforcement.
Approved by: October 16, 2008.
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. E8–25333 Filed 10–20–08; 4:15 pm]
BILLING CODE 4830–01–P
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 706
Effective Dates.
*
63375
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)
of the Navy has determined that USS
GEORGE H. W. BUSH (CVN 77) is a
vessel of the Navy which, due to its
special construction and purpose,
cannot comply fully 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 October 24,
2008 and is applicable beginning 14
October 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
number: 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
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63376
Federal Register / Vol. 73, No. 207 / Friday, October 24, 2008 / Rules and Regulations
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.
General (Admiralty and Maritime Law)
of the Navy, under authority delegated
by the Secretary of the Navy, has
certified that USS GEORGE H. W. BUSH
(CVN 77) is a vessel of the Navy which,
due to its special construction and
purpose, cannot comply fully with the
following specific provisions of 72
COLREGS without interfering with its
special function as a naval ship: Rule
21(a), pertaining to the placement of the
masthead lights over the fore and aft
centerline of the ship; Annex I,
paragraph 2(g), pertaining to the
placement of the sidelights above the
hull; and Annex I, paragraph 3(a),
pertaining to the placement of the
forward masthead light in the forward
quarter of the ship. The Deputy
Assistant Judge Advocate General
(Admiralty and Maritime Law) has also
certified that the lights involved are
PART 706—CERTIFICATIONS AND
EXEMPTIONS UNDER THE
INTERNATIONAL REGULATIONS FOR
PREVENTING COLLISIONS AT SEA,
1972
1. The authority citation for 32 CFR
part 706 continues to read as follows:
■
Authority: 33 U.S.C. 1605.
2. Section 706.2 is amended as
follows:
■ A. In Table Two by adding, in
numerical order, the following entry for
USS GEORGE H. W. BUSH (CVN 77):
■ B. In Table Five by adding, in
numerical order, the following entry for
USS GEORGE H. W. BUSH (CVN 77):
■
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:
■
§ 706.2 Certifications of the Secretary of
the Navy under Executive Order 11964 and
33 U.S.C. 1605.
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TABLE TWO
*
Vessel
Number
Masthead
lights, distance to
stbd of keel
in meters;
Rule 21(a)
USS GEORGE
H. W. BUSH.
CVN–77
31.09
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Forward anchor light,
distance
below flight
dk in meters; § 2(K),
Annex I
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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)
....................
....................
....................
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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
....................
0.46
....................
....................
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TABLE FIVE
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Vessel
Number
Masthead lights
not over all other
lights and obstructions, Annex I,
sec. 2(f)
USS GEORGE H. W. BUSH ....................
CVN–77 ............
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M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy
Assistant Judge Advocate, General (Admiralty
and Maritime Law).
[FR Doc. E8–25426 Filed 10–23–08; 8:45 am]
mstockstill on PROD1PC66 with RULES
BILLING CODE 3810–FF–P
After masthead
light less than 1⁄2
ship’s length aft of
forward masthead
light, Annex I, sec.
3(a)
Percentage
horizontal
separation
attained
X
..............................
..............................
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 105
[Docket Nos. TSA–2006–24191; USCG–
2006–24196]
AGENCY:
United States Coast Guard;
DHS.
15:58 Oct 23, 2008
Jkt 217001
Notice of extension of
compliance date, Captain of the Port
Zone Port Arthur.
ACTION:
Coast Guard
Transportation Worker Identification
Credential (TWIC) Implementation in
the Maritime Sector; Hazardous
Materials Endorsement for a
Commercial Driver’s License
VerDate Aug<31>2005
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Forward masthead
light not in forward
quarter of ship,
Annex I, sec. 3(a)
..............................
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PO 00000
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SUMMARY: This document informs
owners and operators of facilities
located within Captain of the Port Zone
Port Arthur that the date by which they
must implement access control
procedures utilizing TWIC has been
extended to no later than April 14, 2009.
This extension is due to the disruption
in enrollment capacity caused by
Hurricane Ike.
The new compliance date for the
TWIC regulations found in 33 CFR part
DATES:
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]]>Agencies
[Federal Register Volume 73, Number 207 (Friday, October 24, 2008)]
[Rules and Regulations]
[Pages 63375-63376]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25426]
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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) of the
Navy has determined that USS GEORGE H. W. BUSH (CVN 77) is a vessel of
the Navy which, due to its special construction and purpose, cannot
comply fully 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 October 24, 2008 and is applicable
beginning 14 October 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 number: 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
[[Page 63376]]
General (Admiralty and Maritime Law) of the Navy, under authority
delegated by the Secretary of the Navy, has certified that USS GEORGE
H. W. BUSH (CVN 77) is a vessel of the Navy which, due to its special
construction and purpose, cannot comply fully with the following
specific provisions of 72 COLREGS without interfering with its special
function as a naval ship: Rule 21(a), pertaining to the placement of
the masthead lights over the fore and aft centerline of the ship; Annex
I, paragraph 2(g), pertaining to the placement of the sidelights above
the hull; and Annex I, paragraph 3(a), pertaining to the placement of
the forward masthead light in the forward quarter of the ship. 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 32 CFR part 706 continues to read as
follows:
Authority: 33 U.S.C. 1605.
0
2. Section 706.2 is amended as follows:
0
A. In Table Two by adding, in numerical order, the following entry for
USS GEORGE H. W. BUSH (CVN 77):
0
B. In Table Five by adding, in numerical order, the following entry for
USS GEORGE H. W. BUSH (CVN 77):
Sec. 706.2 Certifications of the Secretary of the Navy under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
Table Two
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Side
Forward Aft anchor Side lights, Side
Masthead anchor Forward light, lights, distance lights,
lights, light, anchor distance Aft anchor distance forward of distance
distance to distance light, below light, below forward inboard of
Vessel Number stbd of below number of; flight dk number of; flight dk masthead ship's
keel in flight dk Rule in meters; Rule in meters; light in sides in
meters; in meters; 30(a)(i) Rule 21(e), 30(a)(ii) Sec. 2 meters; meters;
Rule 21(a) Sec. Rule (g), Annex Sec. Sec.
2(K), Annex 30(a)(ii) I 3(b), Annex 3(b), Annex
--------------------------------------------------------------------I----------------------------------------------------------------I------------I-----
USS GEORGE H. W. BUSH......... CVN-77.......... 31.09 ........... ........... ........... ........... 0.46 ........... ...........
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Table Five
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After masthead
Masthead lights Forward masthead light less than
not over all light not in \1/2\ ship's Percentage
Vessel Number other lights and forward quarter of length aft of horizontal
obstructions, ship, Annex I, forward masthead separation
Annex I, sec. sec. 3(a) light, Annex I, attained
2(f) sec. 3(a)
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USS GEORGE H. W. BUSH...................... CVN-77........................ ................. X ................. .................
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* * * * *
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General
(Admiralty and Maritime Law).
[FR Doc. E8-25426 Filed 10-23-08; 8:45 am]
BILLING CODE 3810-FF-P
