Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 72725-72726 [E8-28414]

Download as PDF Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Rules and Regulations counterpart Federal regulations for which an analysis was prepared and a determination made that the Federal regulation was not considered a major rule. which an analysis was prepared and a determination made that the Federal regulation did not impose an unfunded mandate. Unfunded Mandates This rule will not impose an unfunded mandate on State, local, or tribal governments or the private sector of $100 million or more in any given year. This determination is based upon the fact that the Pennsylvania submittal, which is the subject of this rule, is based upon counterpart Federal regulations for Intergovernmental relations, Surface mining, Underground mining. Original amendment submission date * June 8, 2006 ................ For the reasons set out in the preamble, 30 CFR part 938 is amended as set forth below: ■ Date of final publication Authority: 30 U.S.C. 1201 et seq. 2. Section 938.15 is amended by adding a new entry to the table in chronological order by ‘‘Date of final publication’’ to read as follows: ■ § 938.15 Approval of Pennsylvania regulatory program amendments. * * * * * * * * * * * December 1, 2008 ...... 25 Pa. Code 210.11, 87.1, 88.1, and 89.5 added definition for mine opening blasting; 87.124(b) correction of reference error; 87.126(b)(2)(ii) phrase deletion; 87.127(b), 87.127(e), 87.127(e)(1) ,87.127(f)(1); 87.129(4);88.135(a), 88.135(b), 88.135(f)(1), 88.135(h) , 88.135(i); 88.493(7)(i); 89.62 (adding new language); 87.127(l) and 88.135(l) (deleted in their entirety). FOR FURTHER INFORMATION CONTACT: BILLING CODE 4310–05–P 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 General (Admiralty and Maritime Law) of the Navy, under authority delegated by the Secretary of the Navy, has certified that USS LOUISVILLE (SSN 724) 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 location of the masthead lights over the fore and aft centerline 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 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. ACTION: Final rule. AGENCY: erowe on PROD1PC63 with RULES 1. The authority citation for part 938 continues to read as follows: ■ Citation/description [FR Doc. E8–28445 Filed 11–28–08; 8:45 am] 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 LOUISVILLE (SSN 724) 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 December 1, 2008 and is applicable beginning 19 November 2008. VerDate Aug<31>2005 PART 938—PENNSYLVANIA List of Subjects in 30 CFR Part 938 Dated: October 29, 2008. Thomas D. Shope, Regional Director, Appalachian Region. 72725 14:32 Nov 28, 2008 Jkt 217001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 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: ■ 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 LOUISVILLE (SSN 724): ■ § 706.2 Certifications of the Secretary of the Navy under Executive Order 11964 and 33 U.S.C. 1605. * E:\FR\FM\01DER1.SGM * * 01DER1 * * 72726 Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Rules and Regulations TABLE TWO Vessel Number * * USS LOUISVILLE ........................... * * * * * BILLING CODE 3810–FF–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 381 [Docket No. 2008–6 CRB NCBRA] Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities Copyright Royalty Board, Library of Congress. ACTION: Final rule. erowe on PROD1PC63 with RULES AGENCY: SUMMARY: The Copyright Royalty Judges announce a cost of living adjustment (‘‘COLA’’) of 3.7% in the royalty rates that colleges, universities, and other nonprofit educational institutions that are not affiliated with National Public Radio pay for the use of published nondramatic musical compositions in the ASCAP, BMI and SESAC repertories. The COLA is based on the change in the Consumer Price Index from October 2007 to October 2008. DATES: Effective Date: January 1, 2009. FOR FURTHER INFORMATION CONTACT: LaKeshia Brent, CRB Program Specialist. Telephone: (202) 707–7658. SUPPLEMENTARY INFORMATION: Section 118 of the Copyright Act 1 creates a compulsory license for the use of published nondramatic musical works and published pictorial, graphic, and U.S.C. 118. VerDate Aug<31>2005 14:32 Nov 28, 2008 Jkt 217001 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 * * * * * * * * 0.41 * Approved: November 19, 2008. M. Robb Hyde, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law). [FR Doc. E8–28414 Filed 11–28–08; 8:45 am] 1 17 Forward anchor light, distance below flight dk in meters; § 2(K), Annex I * SSN 724. * * Masthead lights, distance to stbd of keel in meters; Rule 21(a) sculptural works in connection with noncommercial broadcasting. Terms and rates for this compulsory license, applicable to parties who are not subject to privately negotiated licenses, are published in 37 CFR parts 253 and 381. Final regulations governing the terms and rates of copyright royalty payments with respect to certain uses by public broadcasting entities of published nondramatic musical works, and published pictorial, graphic, and sculptural works for the license period beginning January 1, 2008, and ending December 31, 2012, were published in the Federal Register on November 30, 2007.2 Pursuant to these regulations, on or before December 1 of each year the Judges shall publish a notice of the change in the cost of living as determined by the Consumer Price Index (all urban consumers, all items (‘‘CPI–U’’)) during the period from the most recent index published prior to the previous notice, to the most recent index published prior to December 1 of that year.3 The regulations also require that the Judges publish a revised schedule of rates for the public performance of musical compositions in the ASCAP, BMI, and SESAC repertories by public broadcasting entities licensed to colleges and universities, reflecting the change in the CPI–U.4 Accordingly, the Judges are hereby announcing the change in the CPI–U and applying the annual COLA to the rates set out in 37 CFR 381.5(c). The change in the cost of living as determined by the CPI–U during the period from the most recent index published before December 1, 2008, to the most recent index published before 2 72 FR 67646. CFR 381.10(a). 4 37 CFR 381.10(b) (requiring publication of a revised schedule of rates for 37 CFR 381.5). 3 37 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 December 1, 2007, is 3.7%.5 Rounding to the nearest dollar,6 the royalty rates for the performance of published nondramatic musical compositions in the repertories of ASCAP, BMI, and SESAC are $298, $298, and $120, respectively. List of Subjects in 37 CFR Part 381 Copyright, Music, Radio, Television, Rates. Final Regulations For the reasons set forth in the preamble, Part 381 of title 37 of the Code of Federal Regulations is amended to read as follows: ■ PART 381—USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH NONCOMMERCIAL EDUCATIONAL BROADCASTING 1. The authority citation for part 381 continues to read as follows: ■ Authority: 17 U.S.C. 118, 801(b)(1), and 803 2. Section 381.5 is amended by revising paragraphs (c)(1) through (c)(3) as follows: ■ § 381.5 Performance of musical compositions by public broadcasting entities licensed to colleges and universities. * * * * * (c) * * * (1) For all such compositions in the repertory of ASCAP, $298 annually. (2) For all such compositions in the repertory of BMI, $298 annually. 5 The most recent CPI–U figures are published in October of each year and use the period 1982–84 to establish a reference base of 100. The index for October 2008 was 216.573, while the figure for October 2007 was 208.936. 6 See 37 CFR 381.10(b) (adjusted royalty rates shall be ‘‘fixed at the nearest dollar’’). E:\FR\FM\01DER1.SGM 01DER1

Agencies

[Federal Register Volume 73, Number 231 (Monday, December 1, 2008)]
[Rules and Regulations]
[Pages 72725-72726]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28414]


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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 LOUISVILLE (SSN 724) 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 December 1, 2008 and is applicable 
beginning 19 November 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 General (Admiralty and Maritime Law) of the Navy, under 
authority delegated by the Secretary of the Navy, has certified that 
USS LOUISVILLE (SSN 724) 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 
location of the masthead lights over the fore and aft centerline 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 LOUISVILLE (SSN 724):


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

* * * * *

[[Page 72726]]



                                                                        Table Two
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                                                                                                      AFT                              Side
                                                                              Forward                anchor                 Side     lights,      Side
                                                                   Masthead    anchor                light,               lights,    distance   lights,
                                                                   lights,     light,    Forward    distance     AFT      distance   forward    distance
                                                                   distance   distance    anchor     below      anchor     below        of      inboard
                                                                   to stbd     below      light,   flight dk    light,   flight dk   forward   of ship's
                 Vessel                           Number           of keel   flight dk    number       in       number       in      masthead   sides in
                                                                      in         in      of; Rule   meters;    of; Rule   meters;    light in   meters;
                                                                   meters;    meters;    30(a)(i)     Rule    30(a)(ii)     Sec.     meters;      Sec.
                                                                     Rule       Sec.                 21(e),                2(g),       Sec.      3(b),
                                                                    21(a)      2(K),                  Rule                Annex I     3(b),     Annex I
                                                                              Annex I              30(a)(ii)                         Annex I
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
USS LOUISVILLE..........................  SSN 724...............       0.41
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

    Approved: November 19, 2008.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General 
(Admiralty and Maritime Law).
 [FR Doc. E8-28414 Filed 11-28-08; 8:45 am]
BILLING CODE 3810-FF-P