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58278 Federal Register / Vol. 71, No.

191 / Tuesday, October 3, 2006 / Rules and Regulations

PART 16—PRODUCTION OR DEPARTMENT OF DEFENSE provisions of 72 COLREGS without


DISCLOSURE OF MATERIAL OR interfering with its special function as a
INFORMATION Department of the Navy naval ship: Annex I, paragraph 3(a),
pertaining to the horizontal distance
■ 1. The authority for part 16 continues 32 CFR Part 706 between the forward and after masthead
to read as follows: lights; and Annex I, paragraph 2(f)(ii),
Certifications and Exemptions Under pertaining to the vertical placement of
Authority: 5 U.S.C. 301, 552, 552a, 552b(g), the International Regulations for task lights. The Deputy Assistant Judge
553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 510, Preventing Collisions at Sea, 1972 Advocate General (Admiralty and
534; 31 U.S.C. 3717, 9701.
AGENCY: Department of the Navy, DOD. Maritime Law) has also certified that the
■ 2. Amend § 16.74 by revising lights involved are located in closest
ACTION: Final rule.
paragraph (a) introductory text to read possible compliance with the applicable
SUMMARY: The Department of the Navy 72 COLREGS requirements. All other
as follows:
is amending its certifications and previously certified deviations from the
§ 16.74 Exemption of Office of Intelligence exemptions under the International 72 COLREGS not affected by this
Policy and Review Systems—limited Regulations for Preventing Collisions at amendment remain in effect.
access. Sea, 1972 (72 COLREGS), to reflect that Moreover, it has been determined, in
the Deputy Assistant Judge Advocate accordance with 32 CFR Parts 296 and
(a) The following systems of records 701, that publication of this amendment
are exempt from 5 U.S.C. 552a(c)(3), General (Admiralty and Maritime Law)
has determined that USS BENFOLD for public comment prior to adoption is
(c)(4), (d), (e)(2), (e)(3), (e)(4)(G), impracticable, unnecessary, and
(DDG 65) is a vessel of the Navy which,
(e)(4)(H), (e)(8), (f) and (g); these systems contrary to public interest since it is
due to its special construction and
of records and associated exemptions based on technical findings that the
purpose, cannot fully comply with
are adopted by and apply with equal placement of lights on this vessel in a
certain provisions of the 72 COLREGS
force and effect to the National Security without interfering with its special manner differently from that prescribed
Division, until modified, superseded, or function as a naval ship. The intended herein will adversely affect the vessel’s
revoked in accordance with law: effect of this rule is to warn mariners in ability to perform its military functions.
* * * * * waters where 72 COLREGS apply. List of Subjects in 32 CFR Part 706
■ 3. Amend § 16.91 by adding a DATES: Effective Date: September 21,
Marine safety, Navigation (water), and
sentence at the end of paragraph (a)(1) 2006.
Vessels.
to read as follows: FOR FURTHER INFORMATION CONTACT: ■ For the reasons set forth in the
Commander Gregg A. Cervi, JAGC, U.S. preamble, amend part 706 of title 32 of
§ 16.91 Exemption of Criminal Division Navy, Deputy Assistant Judge Advocate
Systems—limited access, as indicated. the Code of Federal Regulations as
General (Admiralty and Maritime Law), follows:
(a) * * * Office of the Judge Advocate General,
(1) * * * This system of records and Department of the Navy, 1322 Patterson PART 706–CERTIFICATIONS AND
associated exemptions is adopted by Ave., SE., Suite 3000, Washington Navy EXEMPTIONS UNDER THE
Yard, DC 20374–5066, telephone 202– INTERNATIONAL REGULATIONS FOR
and applies with equal force and effect
685–5040. PREVENTING COLLISIONS AT SEA,
to the National Security Division, until
modified, superseded, or revoked in SUPPLEMENTARY INFORMATION: Pursuant 1972
accordance with law. to the authority granted in 33 U.S.C.
■ 1. The authority citation for part 706
1605, the Department of the Navy
* * * * * continues to read:
amends 32 CFR Part 706. This
Dated: September 28, 2006. amendment provides notice that the Authority: 33 U.S.C. 1605.
Lee J. Lofthus, Deputy Assistant Judge Advocate ■ 2. In Table Five of § 706.2 revise the
Acting Assistant Attorney General for
General (Admiralty and Maritime Law), entry for USS BENFOLD (DDG 65) to
Administration. under authority delegated by the read as follows:
Secretary of the Navy, has certified that
[FR Doc. E6–16280 Filed 10–2–06; 8:45 am]
USS BENFOLD (DDG 65) is a vessel of § 706.2 Certifications of the Secretary of
BILLING CODE 4410–14–P the Navy under Executive Order 11964 and
the Navy which, due to its special
construction and purpose, cannot fully 33 U.S.C. 1605.
comply with the following specific * * * * *

TABLE FIVE
After mast-
Masthead Forward mast- head light less
lights not over head light not than 1/2 ship’s Percentage
all other lights in forward length aft of horizontal sep-
Vessel No. and obstruc- quarter of forward mast- aration at-
tions. Annex I, ship. Annex I, head light. tained
sec. 2(f) sec. 3(a) Annex I, sec.
3(a)
mstockstill on PROD1PC61 with RULES

* * * * * * *
USS BENFOLD ............................................................................ DDG 65 X X X 14.8

* * * * * * *

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Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Rules and Regulations 58279

Approved: September 21, 2006. 100.1105, that establish regulated areas Workboat Races’’, a marine event to be
Gregg A. Cervi, to ensure the safe execution of the San held October 15, 2006 on the waters of
Commander, JAGC, U.S. Navy, Deputy Francisco Bay Navy Fleet Week Parade the Back River, Poquoson, Virginia.
Assistant Judge Advocate, General (Admiralty of Ships and Air Show Demonstration. These special local regulations are
and Maritime Law. The U. S. Navy and City of San necessary to provide for the safety of life
Dated: September 26, 2006. Francisco are sponsoring the Annual on navigable waters during the event.
M.A. Harvison, Fleet Week Parade of Navy Ships and This action is intended to temporarily
Lieutenant Commander, Judge Advocate Air Show Demonstration to be held restrict vessel traffic in a portion of the
General’s Corps, U.S. Navy, Federal Register October 5 thru October 8, 2006. Back River during the event.
Liaison Officer. Due to the security concerns DATES: This rule is effective from 12
[FR Doc. E6–16323 Filed 10–2–06; 8:45 am] associated with the participating naval p.m. to 5 p.m. on October 15, 2006.
BILLING CODE 3810–FF–P vessels and hazards associated with the ADDRESSES: Documents indicated in this
air show demonstration, 33 CFR preamble as being available in the
100.1105 is necessary to provide for the docket, are part of docket (CGD05–06–
DEPARTMENT OF HOMELAND safety of event participants, spectator 075) and are available for inspection or
SECURITY craft, and other vessels transiting the copying at Commander (dpi), Fifth
event area. Under the provisions of 33 Coast Guard District, 431 Crawford
Coast Guard CFR 100.1105, a vessel may not enter Street, Portsmouth, Virginia 23704–
Regulated area ‘‘Alpha’’ or ‘‘Bravo’’, 5004, between 9 a.m. and 2 p.m.,
33 CFR Part 100 unless it receives permission from the Monday through Friday, except Federal
Coast Guard Patrol Commander. holidays.
[CGD11–06–010] Additionally, no person or vessel may FOR FURTHER INFORMATION CONTACT:
RIN 1625–AA08 enter or remain within 500 yards ahead Dennis Sens, Project Manager, Fifth
of the lead Navy parade vessel, within Coast Guard District, Inspections and
Special Local Regulations for Marine 200 yards astern of the last parade Investigations Branch, at (757) 398–
Events; San Francisco Bay Navy Fleet vessel, or within 200 yards on either 6204.
Week Parade of Ships and Air Show side of any parade vessel. Spectator
vessels may safely transit outside the SUPPLEMENTARY INFORMATION:
Demonstration, San Francisco Bay, CA
regulated area but may not anchor, Regulatory Information
AGENCY: Coast Guard, DHS. block, loiter in, or impede the transit of
ACTION: Notice of enforcement.
On August 1, 2006, we published a
ship parade participants or official
Notice of proposed rulemaking (NPRM)
patrol vessels. The Coast Guard may be
SUMMARY: The Coast Guard will enforce entitled Special Local Regulations for
assisted by other Federal, State, or local
the special local regulations (SLR’s) in Marine Events; Back River, Poquoson,
law enforcement agencies in enforcing
the navigable waters of San Francisco VA in the Federal Register (71 FR
the SLR.
Bay for the annual U.S. Navy and City Because this SLR will be in effect for 43400). We received no letters
of San Francisco sponsored Fleet Week a limited period, it should not result in commenting on the proposed rule. No
Parade of Navy Ships and Air Show a significant disruption of maritime public meeting was requested, and none
Demonstration to be held October 5 thru traffic. Additionally, the maritime was held.
October 8, 2006. This SLR will be used Under 5 U.S.C. 553(d)(3), the Coast
community will be provided advance
to keep spectator vessels out of the path Guard finds that good cause exists for
notification of these events via the Local
of parading Navy ships and away from making this rule effective less than 30
Notice to Mariners.
the area directly below participating days after publication in the Federal
aircraft during the air show in order to Dated: September 8, 2006. Register. Delaying the effective date
ensure the safety of event participants J.A. Breckenridge, would be contrary to the public interest,
and spectators. Rear Admiral, U.S. Coast Guard Commander, since immediate action is needed to
Eleventh Coast Guard District. ensure the safety of the event
DATES: The regulations at 33 CFR
100.1105(b)(1), Regulated Area ‘‘Alpha’’ [FR Doc. E6–16312 Filed 10–2–06; 8:45 am] participants, support craft and other
for Navy Parade of Ships will be BILLING CODE 4910–15–P vessels transiting the event area.
enforced from 11 a.m. to 1 p.m. on However, advance notifications will be
October 7, 2006, while the regulations at made to affected waterway users via
DEPARTMENT OF HOMELAND marine information broadcasts, area
33 CFR 100.1105(b)(2), Regulated Area
SECURITY newspapers and local radio stations.
‘‘Bravo’’ for the Fleet Week Air Show
Demonstration will be enforced from 9 Coast Guard Background and Purpose
a.m. to 4 p.m. on October 5, 2006, 12:30 On October 15, 2006, the City of
a.m. to 4:30 p.m. on October 6 and 7, 33 CFR Part 100 Poquoson will sponsor ‘‘Poquoson
and 1:30 p.m. to 4:30 p.m. on October Seafood Festival Workboat Races’’ on
8, 2006. [CGD05–06–075]
the Back River, immediately adjacent
FOR FURTHER INFORMATION CONTACT: RIN 1625–AA08 and south of Messick Point. The event
Lieutenant Eric Ramos, Waterways will consist of approximately 60
Safety Branch, U.S. Coast Guard Sector Special Local Regulations for Marine traditional Chesapeake Bay deadrise
San Francisco, at (415) 556–2950 Ext. Events; Back River, Poquoson, VA workboats racing along a marked strait
143 or the Sector San Francisco AGENCY: Coast Guard, DHS. line race course in heats of 2 to 4 boats
mstockstill on PROD1PC61 with RULES

Command Center, at (415) 399–3547. for a distance of approximately 600


ACTION: Temporary final rule.
SUPPLEMENTARY INFORMATION: On yards. Due to the need for vessel control
October 1, 1993, the Coast Guard SUMMARY: The Coast Guard is during the event, the Coast Guard will
published a final rule (58 FR 51242) establishing special local regulations temporarily restrict vessel traffic in the
modifying the regulations in 33 CFR during the ‘‘Poquoson Seafood Festival event area to provide for the safety of

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