Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 63375-63376 [E8-25426]

Download as PDF mstockstill on PROD1PC66 with RULES 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. * * * * * (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. * * * * * ■ Par. 4. Section 1.141–15 is amended by adding paragraph (k) to read as follows: § 1.141–15 * * * * (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. PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 (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 E:\FR\FM\24OCR1.SGM 24OCR1 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. * * * * * 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 * * * * * * 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 .................... 0.46 .................... .................... * TABLE FIVE * * * * * Vessel Number Masthead lights not over all other lights and obstructions, Annex I, sec. 2(f) USS GEORGE H. W. BUSH .................... CVN–77 ............ * * * * 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 * Forward masthead light not in forward quarter of ship, Annex I, sec. 3(a) .............................. * * PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 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: E:\FR\FM\24OCR1.SGM 24OCR1

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[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.

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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