Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 42604-42605 [E9-20280]
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42604
Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Rules and Regulations
N. Lat.
W. Long.
Canyon
Degrees
Min
Seconds
Degrees
Min
Seconds
Oceanographer ........................................
40.0
40.0
40.0
40.0
40.0
40.0
40.0
40.0
29.0
29.0
25.0
22.0
19.0
19.0
16.0
14.0
50.0
30.0
51.6
22.8
40.8
5.0
41.0
28.0
68.0
68.0
68.0
68.0
68.0
68.0
68.0
68.0
10.0
8.0
6.0
6.0
4.0
2.0
1.0
11.0
30.0
34.8
36.0
50.4
48.0
19.0
16.0
28.0
Lydonia .....................................................
40.0
40.0
40.0
40.0
40.0
40.0
31.0
28.0
21.0
21.0
26.0
28.0
55.2
52.0
39.6
4.0
32.0
31.0
67.0
67.0
67.0
67.0
67.0
67.0
43.0
38.0
37.0
43.0
40.0
43.0
1.2
43.0
4.8
1.0
57.0
0.0
Veatch ......................................................
40.0
40.0
39.0
39.0
0.0
0.0
54.0
54.0
40.0
41.0
43.0
43.0
69.0
69.0
69.0
69.0
37.0
35.0
33.0
40.0
8.0
25.0
54.0
52.0
Norfolk ......................................................
37.0
37.0
37.0
37.0
36.0
37.0
5.0
6.0
4.0
4.0
58.0
4.0
50.0
58.0
31.0
1.0
37.0
26.0
74.0
74.0
74.0
74.0
74.0
74.0
45.0
40.0
37.0
33.0
36.0
41.0
34.0
48.0
46.0
50.0
58.0
2.0
[FR Doc. E9–20207 Filed 8–21–09; 8:45 am]
BILLING CODE 3510–22–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
AGENCY:
mstockstill on DSKH9S0YB1PROD with RULES
ACTION:
Department of the Navy, DoD.
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 PROVIDENCE
(SSN 719) 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.
This rule is effective August 24,
2009 and is applicable beginning
August 13, 2009.
DATES:
VerDate Nov<24>2008
17:32 Aug 21, 2009
Jkt 217001
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 PROVIDENCE (SSN 719) 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: Rule 21(a), pertaining to the
placement of the masthead light on the
ship’s fore and aft centerline. 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
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
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:
■ A. In Table Two by adding, in alpha
numerical order by vessel number, an
entry for USS PROVIDENCE (SSN 719);
The additions read as follows:
■
§ 706.2 Certifications of the Secretary of
the Navy under Executive Order 11964 and
33 U.S.C. 1605.
*
E:\FR\FM\24AUR1.SGM
*
*
24AUR1
*
*
42605
Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Rules and Regulations
TABLE TWO
Vessel
Number
*
*
USS PROVIDENCE ...................................................
*
SSN 719 ....
*
*
*
*
*
*
*
*
Approved: August 13, 2009.
C.J. Spain,
Deputy Assistant Judge Advocate General
(Admiralty and Maritime Law), Acting.
[FR Doc. E9–20280 Filed 8–21–09; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
[Docket No. 0907291194–91213–01]
RIN 0648–XQ71
Listing Endangered and Threatened
Species: Change in Status for the
Upper Columbia River Steelhead
Distinct Population Segment
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment.
SUMMARY: We, NMFS, announce that the
Upper Columbia River steelhead is
reclassified as a threatened species
consistent with a recent court ruling.
We also correct the table of threatened
fishes to indicate that the same species
is listed as threatened under the
Endangered Species Act of 1973 (ESA).
This species was inadvertently dropped
from the table during an unrelated
rulemaking.
DATES:
mstockstill on DSKH9S0YB1PROD with RULES
Masthead
lights distance to
stbd of
keel in
meters;
Rule 21
(a)
Effective August 24, 2009.
For
further information regarding this notice
contact Eric Murray, NMFS, Northwest
Region, (503) 231–2378; or Marta
Nammack, NMFS, Office of Protected
Resources, (301) 713–1401.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
VerDate Nov<24>2008
13:38 Aug 21, 2009
Jkt 217001
Forward
anchor
light, distance
below
flight dk
in meters;
§ 2(K),
Annex I
Forward
anchor
light,
number
of; Rule
30(a)(i)
*
0.41
AFT anchor light,
distance
below
flight dk
in meters;
Rule
21(e),
Rule
30(a)(ii)
*
X
*
X
X
*
Background
In 1997, we completed a
comprehensive status review of West
Coast steelhead (Oncorhynchus mykiss)
that resulted in ESA listings for Upper
Columbia River (UCR) steelhead and
nine other distinct population segments
(DPSs) of West Coast steelhead (62 FR
43937; Busby et al., 1996). At that time,
we determined that the UCR steelhead
was an endangered species. In January
2006, we reclassified the UCR steelhead
from endangered to threatened based on
an updated review that noted increasing
steelhead abundance, more widespread
spawning, and artificial propagation
programs aimed at improving local
adaptation and diversity within the
range of this DPS (71 FR 834; January
5, 2006 ). The decision to downlist UCR
steelhead was also based on our
application of a recent Policy on the
Consideration of Hatchery-Origin Fish
in Endangered species Act Listing
Determinations for Pacific Salmon and
Steelhead (70 FR 37204: June 28, 2005).
Subsequent to this downlisting, we also
published protective regulations (71 FR
5178; February 1, 2006), designated
critical habitat (70 FR 52630; September
2, 2005), and adopted a recovery plan
(72 FR 57303; October 10, 2007) for UCR
steelhead. In April 2006, our decision to
downlist UCR steelhead from
endangered to threatened was
challenged in the U.S. District Court for
the Western District of Washington.
On June 13, 2007, the district court
ruled that we had erred in downlisting
UCR steelhead, concluding that we had
not given appropriate consideration to
self-sustaining natural populations
(Trout Unlimited v. Lohn, C06–0483–
JCC, 2007). The result of this ruling was
to return UCR steelhead to endangered
status. We appealed that decision to the
U.S. Court of Appeals for the Ninth
Circuit, and on March 16, 2009, that
court ruled that our downlisting did not
violate the ESA and that, on remand, the
district court should grant NMFS’
motion for summary judgment.
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
AFT anchor light,
number
of; Rule
30(a)(ii)
Side
lights,
distance
below
flight dk
in meters;
§ 2(g),
Annex I
*
X
Side
lights,
distance
forward
masthead
light in
meters;
§ 3(b),
Annex I
Side
lights,
distance
inboard
of ship’s
sides in
meters;
§ 3(b),
Annex I
*
X
*
X
X
*
Accordingly, on June 18, 2009, the
district court revised its ruling,
effectively re-instating UCR steelhead to
threatened status under the ESA.
Current Status
Consistent with the Courts’ rulings
and our listing determination of January
5, 2006 (71 FR 834), the UCR steelhead
is listed as threatened under the ESA.
Critical habitat was designated for UCR
steelhead on September 2, 2005 (70 FR
52630). The protective regulations
issued for UCR steelhead on February 1,
2006 (71 FR 5178) are now effective. A
recovery plan was adopted for UCR
steelhead on October 9, 2007 (72 FR
57303).
Correcting Amendment
In the May 9, 2006, issue of the
Federal Register, we published a final
rule to implement our determination to
list elkhorn (Acropora palmata) and
staghorn (A. cervicornis) corals as
threatened species under the ESA (7l FR
26852). In the same action, we made a
format change to ensure that all
threatened species listed under
sect;(223.102 were in table format to
match the threatened fishes table. By
mistake, we did not include the already
listed UCR steelhead DPS in
§ 223.102(c). This document corrects the
table in § 223.102(c) to include the UCR
steelhead DPS as a threatened species.
References
Copies of previous Federal Register
Notices and reference materials are
available on the Internet at https://
www.nwr.noaa.gov, or upon request (see
FOR FURTHER INFORMATION CONTACT
section above).
List of Subjects in 50 CFR Part 223
Endangered and threatened species,
Exports, Imports, Transportation.
E:\FR\FM\24AUR1.SGM
24AUR1
]]>Agencies
[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Rules and Regulations]
[Pages 42604-42605]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20280]
=======================================================================
-----------------------------------------------------------------------
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 PROVIDENCE (SSN 719) 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 August 24, 2009 and is applicable
beginning August 13, 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
PROVIDENCE (SSN 719) 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: Rule 21(a), pertaining to the placement of
the masthead light on the ship's fore and aft centerline. 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:
0
A. In Table Two by adding, in alpha numerical order by vessel number,
an entry for USS PROVIDENCE (SSN 719);
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.
* * * * *
[[Page 42605]]
Table Two
--------------------------------------------------------------------------------------------------------------------------------------------------------
Forward AFT anchor Side Side
Masthead anchor light, Side lights, lights,
lights light, Forward distance lights, distance distance
distance distance anchor below AFT anchor distance forward inboard of
to stbd of below light, flight dk light, below masthead ship's
Vessel Number keel in flight dk number of; in meters; number of; flight dk light in sides in
meters; in meters; Rule Rule Rule in meters; meters; meters;
Rule 21 Sec. 30(a)(i) 21(e), 30(a)(ii) Sec. Sec. Sec.
(a) 2(K), Rule 2(g), 3(b), 3(b),
Annex I 30(a)(ii) Annex I Annex I Annex I
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
USS PROVIDENCE..................... SSN 719............ 0.41 X X X X X X X
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
Approved: August 13, 2009.
C.J. Spain,
Deputy Assistant Judge Advocate General (Admiralty and Maritime Law),
Acting.
[FR Doc. E9-20280 Filed 8-21-09; 8:45 am]
BILLING CODE 3810-FF-P
