Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972, 42604-42605 [E9-20280]

Download as PDF 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 http:// 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]


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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) 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
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                                                                        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