Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 29420-29422 [E9-14526]
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29420
Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Rules and Regulations
Authority: 26 U.S.C. 5702–5705, 5723,
5741, 5751, 5762, 5763, 6313, 7212, 7342,
7606, 7805; 44 U.S.C. 3504(h).
such packages were in use prior to April
1, 2009, and such manufacturer may
continue to remove packages bearing
those designations until July 1, 2009.
(b) A manufacturer may, until August
1, 2009, remove roll-your-own tobacco
for which the applicable designation is
‘‘cigar tobacco,’’ ‘‘cigarette wrapper,’’ or
‘‘cigar wrapper’’ even if the packages of
such products do not meet the
requirements of § 40.216(b).
47. In § 45.11,
a. The definition of ‘‘Roll-your-own
tobacco’’ is amended by adding at the
end before the period the words ‘‘or
cigars, or for use as wrappers thereof’’;
and
■ b. The definition of ‘‘Package’’ is
revised to read as follows:
Signed: April 15, 2009.
John J. Manfreda,
Administrator.
Approved: May 26, 2009.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. E9–14546 Filed 6–19–09; 8:45 am]
§ 45.11
BILLING CODE 4810–31–P
PART 45—REMOVAL OF TOBACCO
PRODUCTS AND CIGARETTE PAPERS
AND TUBES, WITHOUT PAYMENT OF
TAX, FOR USE OF THE UNITED
STATES
46. The authority citation for part 45
is revised to read as follows:
■
■
■
Meaning of terms.
*
*
*
*
*
Package. The immediate container in
which tobacco products, processed
tobacco, or cigarette papers or tubes are
put up by the manufacturer and offered
for sale or delivery to the ultimate
consumer. For purposes of this
definition, a container of processed
tobacco, the contents of which weigh 10
pounds or less (including any added
non-tobacco ingredients or
constituents), that is removed within the
meaning of this part, is deemed to be a
package offered for sale or delivery to
the ultimate consumer.
*
*
*
*
*
§ 45.45a
[Amended]
48. In § 45.45a, paragraph (a) is
amended by removing the last sentence.
■ 49. In § 45.45b, paragraph (a) and the
Office of Management and Budget
control number reference at the end are
revised to read as follows:
■
§ 45.45b
Notice for roll-your-own tobacco.
(a) Product designation. Every
package of roll-your-own tobacco, before
removal subject to tax, must have
adequately imprinted on it, or on a label
securely affixed to it, the applicable
designation ‘‘roll-your-own tobacco’’,
‘‘cigarette tobacco’’, ‘‘cigar tobacco’’,
‘‘cigarette wrapper’’, or ‘‘cigar wrapper’’.
*
*
*
*
*
(Approved by the Office of Management and
Budget under control number 1513–0091)
50. Section 45.45c is revised to read
as follows:
■
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§ 45.45c
Package use-up rule.
(a) A manufacturer of pipe tobacco or
roll-your-own tobacco may remove
packages of such products bearing the
designation ‘‘Tax Class L’’ (to designate
pipe tobacco) or ‘‘Tax Class J’’ (to
designate roll-your-own tobacco) only if
VerDate Nov<24>2008
14:26 Jun 19, 2009
Jkt 217001
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
INDEPENDENCE (LCS 2) 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: This rule is effective June 22,
2009 and is applicable beginning June
11, 2009.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander Ted Cook,
JAGC, U.S. Navy, Admiralty Attorney,
(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.
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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 INDEPENDENCE (LCS 2) 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 (a)(i),
pertaining to the location of the forward
masthead light at a height not less than
12 meters above the hull; 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;
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
3(c), pertaining to the task light’s
horizontal distance from the fore and aft
centerline of the vessel in the
athwartship direction; and Rule 21(a),
pertaining to the arc of visibility of the
aft masthead light. 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, the Navy amends 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 part 706
continues to read as follows:
■
Authority: 33 U.S.C. 1605.
2. Section 706.2 is amended as
follows:
■
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29421
Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Rules and Regulations
A. In Table One by adding, in alpha
numerical order by vessel number, an
entry for USS INDEPENDENCE (LCS 2);
■ B. In Table Four, Paragraph 15 by
adding, in alpha numerical order by
vessel number, an entry for USS
INDEPENDENCE (LCS 2);
■
C. In Table Four, Paragraph 16 by
adding, in alpha numerical order by
vessel number, an entry for USS
INDEPENDENCE (LCS 2); and
■ D. In Table Five by adding, in alpha
numerical order by vessel number, an
entry for USS INDEPENDENCE (LCS 2).
■
■
The additions read as follows:
§ 706.2 Certifications of the Secretary of
the Navy Under Executive Order 11964 and
33 U.S.C. 1605.
*
*
*
*
*
TABLE ONE
Vessel
Number
*
*
*
USS INDEPENDENCE .........................................................
*
*
*
*
*
*
*
*
*
LCS 2 ....................................................................................
*
*
*
*
*
*
*
*
*
*
*
Horizontal distance
from the fore and
aft centerline of the
vessel in the
athwart-ship
direction
*
*
*
LCS 2 .....................................................................................
*
1.31 meters.
*
*
*
16. * * *
Obstruction angle
relative ship’s
headings
Number
*
*
*
USS INDEPENDENCE ...........................................................
*
*
*
*
Vessel
*
*
*
*
4.91
Number
*
*
*
USS INDEPENDENCE ...........................................................
*
*
*
15. * * *
*
Vessel
*
*
Table Four
*
*
Distance in meters of
forward masthead
light below minimum
required height.
§ 2(a)(i) Annex I
*
*
*
LCS 2 .....................................................................................
*
*
*
71° thru 73°.
76° thru 78°.
287° thru 289°.
*
*
*
Forward
masthead light not
in forward quarter
of ship. Annex I,
sec. 3(a)
After masthead
light less than 1⁄2
ship’s length aft of
forward masthead
light.
Annex I, sec. 3(a)
Percentage
horizontal
separation
attained
*
TABLE FIVE
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Vessel
Number
Masthead lights
not over all other
lights and
obstructions.
Annex I, sec. 2(f)
*
*
USS INDEPENDENCE ...........................
*
LCS 2
*
..............................
*
X
*
X
*
18.8
*
*
*
*
*
*
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*
14:26 Jun 19, 2009
Jkt 217001
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29422
*
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Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Rules and Regulations
*
*
*
Approved: June 11, 2009.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy
Assistant Judge Advocate, General (Admiralty
and Maritime Law).
[FR Doc. E9–14526 Filed 6–19–09; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2009–0449]
RIN 1625–AA09
Drawbridge Operation Regulation;
Mermentau River, Mile 68.0, at
Mermentau, Acadia and Jefferson
Davis Parishes, LA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, Eighth
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the BNSF
Swing Bridge across the Mermentau
River, mile 68.0, in Mermentau, Acadia
and Jefferson Davis Parishes, Louisiana.
The deviation is necessary to repair the
pinion gear that turns the center pivot
pier of the bridge. This deviation allows
the bridge to remain closed for 34 hours
to accomplish the work.
DATES: This deviation is effective from
5 a.m. on June 29, 2009 until 5 p.m. on
June 30, 2009.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2009–
0449 and are available online by going
to https://www.regulations.gov, selecting
the Advanced Docket Search option on
the right side of the screen, inserting
USCG–2009–0414 in the Docket ID box,
pressing Enter, and then clicking on the
item in the Docket ID column. This
material is also available for inspection
or copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail David M. Frank, Bridge
Administration Branch, Coast Guard;
telephone 504–671–2128, e-mail
David.M.Frank@uscg.mil. If you have
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SUMMARY:
VerDate Nov<24>2008
17:04 Jun 19, 2009
Jkt 217001
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The BNSF
Railway Company has requested a
temporary deviation from the operating
schedule of the BNSF Swing Bridge
across the Mermentau River, mile 68.0,
in Mermentau, Acadia and Jefferson
Davis Parishes, Louisiana. The closure
is necessary to allow for repairs to the
bridge.
Presently, the bridge opens on signal
for the passage of vessels. This deviation
will allow the bridge to remain in the
closed-to-navigation position from 7
a.m. on Monday, June 29, 2009 until 5
p.m. on Tuesday, June 30, 2009.
Navigation on the waterway consists of
tugs with tows, fishing vessels and
recreational craft. Due to prior
experience and coordination with
waterway users it has been determined
that this closure will not have a
significant effect on these vessels.
The vertical clearance of the swing
bridge in the closed-to-navigation
position is 10.0 feet and unlimited in
the open-to-navigation position. No
alternate routes are available. As this
work is proposed during hurricane
season, if any storms are in the Gulf of
Mexico, the work may be postponed and
rescheduled.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: May 28, 2009.
David M. Frank,
Bridge Administrator.
[FR Doc. E9–14550 Filed 6–19–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG 2009–0408]
Safety Zone; Independence Day
Celebration for the City of San
Francisco, CA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
SUMMARY: The Coast Guard will enforce
the Independence Day Celebration for
the City of San Francisco Fireworks
safety zone from 11 a.m. through 10
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Fmt 4700
Sfmt 4700
p.m. on July 4, 2009. The fireworks will
be fired simultaneously from two
separate locations: Location 1 will be
held 1,000 feet from Pier 39 in position
37° 48.710′ N and 122° 24.464′ W on
July 4, 2009 and Location 2 will be fired
from the Municipal Pier in Aquatic park
in position 37° 48.611′ N and 122°
25.532′ W on July 4, 2009. This action
is necessary to control vessel traffic and
to ensure the safety of event participants
and spectators. During the enforcement
period, unauthorized persons or vessels
are prohibited from entering into,
transiting through, or anchoring in the
safety zone, unless authorized by the
Patrol Commander (PATCOM).
DATES: The regulations in 33 CFR
165.1191 will be enforced from 11 a.m.
through 10 p.m. on July 4, 2009.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or e-mail Lieutenant Junior Grade
Simone Mausz, U.S. Coast Guard,
Waterways Safety Division; telephone
415–399–7442, e-mail
simone.mausz@uscg.mil.
The Coast
Guard will enforce the Independence
Day Celebration for the City of San
Francisco Fireworks safety zone from 11
a.m. through 10 p.m. on July 4, 2009.
The fireworks will be fired
simultaneously from two separate
locations: Location 1 will be held 1,000
feet from Pier 39 in position 37° 48.710′
N and 122° 24.464′ W on July 4, 2009
and Location 2 will be fired from the
Municipal Pier in Aquatic Park in
position 37° 48.611′ N and 122° 25.532′
W on July 4, 2009.
For Location 1, during the loading of
the fireworks barge, while the barge is
being towed to the display location, and
until the start of the fireworks display,
the safety zone applies to the navigable
waters around and under the fireworks
barge within a radius of 100 feet. Fifteen
minutes before and during the twenty
minute fireworks display, the area to
which this safety zone applies will
increase in size to encompass the
navigable waters around and under the
fireworks barge within a radius of 1,000
feet. Loading of the pyrotechnics onto
the fireworks barge is scheduled to
commence at 11 a.m. on July 4, 2009,
and will take place at Pier 50 in San
Francisco. Towing of the barge from Pier
50 to the display location is scheduled
to take place on July 4, 2009 at 8 p.m.
During the fireworks display, scheduled
to start at approximately 9:30 p.m., the
fireworks barge will be located
approximately 1,000 feet off of Pier 39
in position 37° 48.710′ N, 122° 24.464′
W (NAD 83). This safety zone will be in
SUPPLEMENTARY INFORMATION:
E:\FR\FM\22JNR1.SGM
22JNR1
]]>Agencies
[Federal Register Volume 74, Number 118 (Monday, June 22, 2009)]
[Rules and Regulations]
[Pages 29420-29422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14526]
=======================================================================
-----------------------------------------------------------------------
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 INDEPENDENCE (LCS 2) 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: This rule is effective June 22, 2009 and is applicable beginning
June 11, 2009.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Ted Cook, JAGC,
U.S. Navy, Admiralty Attorney, (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), under authority
delegated by the Secretary of the Navy, has certified that USS
INDEPENDENCE (LCS 2) 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 (a)(i), pertaining to the
location of the forward masthead light at a height not less than 12
meters above the hull; 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; 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 3(c), pertaining to the
task light's horizontal distance from the fore and aft centerline of
the vessel in the athwartship direction; and Rule 21(a), pertaining to
the arc of visibility of the aft masthead light. 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, the Navy amends 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 as follows:
Authority: 33 U.S.C. 1605.
0
2. Section 706.2 is amended as follows:
[[Page 29421]]
0
A. In Table One by adding, in alpha numerical order by vessel number,
an entry for USS INDEPENDENCE (LCS 2);
0
B. In Table Four, Paragraph 15 by adding, in alpha numerical order by
vessel number, an entry for USS INDEPENDENCE (LCS 2);
0
C. In Table Four, Paragraph 16 by adding, in alpha numerical order by
vessel number, an entry for USS INDEPENDENCE (LCS 2); and
0
D. In Table Five by adding, in alpha numerical order by vessel number,
an entry for USS INDEPENDENCE (LCS 2).
0
The additions read as follows:
Sec. 706.2 Certifications of the Secretary of the Navy Under
Executive Order 11964 and 33 U.S.C. 1605.
* * * * *
Table One
------------------------------------------------------------------------
Distance in meters
of forward masthead
light below minimum
Vessel Number required height.
Sec. 2(a)(i) Annex
I
------------------------------------------------------------------------
* * * * * * *
USS INDEPENDENCE............... LCS 2............ 4.91
* * * * * * *
------------------------------------------------------------------------
* * * * *
Table Four
* * * * *
15. * * *
------------------------------------------------------------------------
Horizontal distance from
the fore and aft
Vessel Number centerline of the vessel
in the athwart-ship
direction
------------------------------------------------------------------------
* * * * * * *
USS INDEPENDENCE............. LCS 2.......... 1.31 meters.
* * * * * * *
------------------------------------------------------------------------
* * * * *
16. * * *
------------------------------------------------------------------------
Obstruction angle
Vessel Number relative ship's
headings
------------------------------------------------------------------------
* * * * * * *
USS INDEPENDENCE............. LCS 2.......... 71[deg] thru 73[deg].
76[deg] thru 78[deg].
287[deg] thru 289[deg].
* * * * * * *
------------------------------------------------------------------------
* * * * *
Table Five
--------------------------------------------------------------------------------------------------------------------------------------------------------
After masthead
Masthead lights Forward masthead light less than \1/ Percentage
not over all other light not in 2\ ship's length horizontal
Vessel Number lights and forward quarter of aft of forward separation
obstructions. ship. Annex I, masthead light. attained
Annex I, sec. 2(f) sec. 3(a) Annex I, sec. 3(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
USS INDEPENDENCE.................................... LCS .................. X X 18.8
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 29422]]
* * * * *
Approved: June 11, 2009.
M. Robb Hyde,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General
(Admiralty and Maritime Law).
[FR Doc. E9-14526 Filed 6-19-09; 8:45 am]
BILLING CODE 3810-FF-P
