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17346 Federal Register / Vol. 71, No.

66 / Thursday, April 6, 2006 / Rules and Regulations

Electronic and Facsimile Availability prior notice and public comment. The Dated: March 23, 2006.
This document and additional collection of information related to 31 Barbara C. Hammerle,
information concerning OFAC are part 500 is contained in 31 CFR part 501 Acting Director, Office of Foreign Assets
available from OFAC’s Web site (the ‘‘Reporting, Procedures and Control.
(http://www.treas.gov/ofac) or via Penalties Regulations’’). Pursuant to the Approved: March 24, 2006.
facsimile through a 24-hour fax-on- Paperwork Reduction Act of 1995 (44 Stuart A. Levey,
demand service, tel.: (202) 622–0077. U.S.C. 3507), those collections of Under Secretary, Office of Terrorism and
information have been approved by the Financial Intelligence, Department of the
Background Treasury.
Office of Management and Budget under
The Foreign Assets Control control number 1505–0164. An agency [FR Doc. 06–3286 Filed 4–5–06; 8:45 am]
Regulations (the ‘‘FACR’’), 31 CFR part may not conduct or sponsor, and a BILLING CODE 4810–25–P
500, which are authorized under the person is not required to respond to, a
Trading with the Enemy Act, 50 U.S.C. collection of information unless the
App. 1–44, imposed economic sanctions DEPARTMENT OF DEFENSE
collection of information displays a
against the Democratic People’s
Republic of Korea (‘‘North Korea’’) valid control number.
Department of the Navy
beginning in 1950. Since that time, List of Subjects in 31 CFR Part 500
those sanctions have been modified on 32 CFR Part 706
a number of occasions, most recently to Administrative practice and
ease economic sanctions against North procedure, Banks, Banking, Brokers, Certifications and Exemptions Under
Korea in order to improve overall Foreign Trade, Investments, Loans, the International Regulations for
relations and to encourage North Korea Securities, North Korea. Preventing Collisions at Sea, 1972
to continue to refrain from testing long-
range missiles. Consistent with U.S. ■ For the reasons set forth in the AGENCY: Department of the Navy, DOD.
foreign policy interests, the Office of preamble, 31 CFR part 500 is amended ACTION: Final rule.
Foreign Assets Control (‘‘OFAC’’), on as follows:
June 19, 2000, amended the FACR, 31 SUMMARY: The Department of the Navy
CFR part 500, to add § 500.586, PART 500—FOREIGN ASSETS is amending its certifications and
authorizing transactions concerning CONTROL REGULATIONS exemptions under the International
certain North Korean property. Regulations for Preventing Collisions at
Subject to the limitations in paragraph ■ 1. The authority citation for part 500 Sea, 1972 (72 COLREGS), to reflect that
(b) of § 500.586, paragraph (a) continues to read as follows: the Deputy Assistant Judge Advocate
authorized new, i.e., post-June 19, 2000, Authority: 18 U.S.C. 2332d; 31 U.S.C. General (Admiralty and Maritime Law)
transactions in which North Korea has 321(b); 50 U.S.C. App. 1–44; Pub. L. 101–410, has determined that USS TEXAS (SSN
a property interest. Paragraph (b) set 104 Stat. 890 (28 U.S.C. 2461 note); E.O. 775) is a vessel of the Navy which, due
forth four limitations on the new 9193, 7 FR 5205, 3 CFR, 1938–1943 Comp., to its special construction and purpose,
authorization. Today OFAC is amending p. 1174; E.O. 9989, 13 FR 4891, 3 CFR, 1943– cannot fully comply with certain
the FACR by adding a new provision, 1948 Comp., p. 748. provisions of the 72 COLREGS without
effective May 8, 2006, to further limit interfering with its special function as a
the authorization provided by § 500.586. Subpart E—Licenses, Authorizations naval ship. The intended effect of this
This new provision, § 500.586(b)(5), and Statements of Licensing Policy rule is to warn mariners in waters where
prohibits United States persons from 72 COLREGS apply.
owning, leasing, operating or insuring ■ 2. A new paragraph (b)(5) is added to DATES: Effective Date: March 20, 2006.
any vessel flagged by North Korea. § 500.586 to read as follows: FOR FURTHER INFORMATION CONTACT:
Because the term United States person Commander Gregg A. Cervi, JAGC, U.S.
is a new term not previously used or § 500.586 Authorization of new
transactions concerning certain North
Navy, Deputy Assistant Judge Advocate
defined in the FACR, a definition of the General (Admiralty and Maritime Law),
term is provided for purposes of Korean property.
Office of the Judge Advocate General,
paragraph (b)(5). The effective date of * * * * * Department of the Navy, 1322 Patterson
this amendment has been delayed to (b) * * * Ave., SE., Suite 3000, Washington Navy
provide time for United States persons Yard, DC 20374–5066, telephone 202–
to re-flag any vessels currently flagged (5) Effective May 8, 2006, United
States persons are prohibited from 685–5040.
by North Korea.
Because the Regulations involve a owning, leasing, operating or insuring SUPPLEMENTARY INFORMATION: Pursuant
foreign affairs function, the provisions any vessel flagged by North Korea. For to the authority granted in 33 U.S.C.
of Executive Order 12866 and the purposes of this paragraph, the term 1605, the Department of the Navy
Administrative Procedure Act (5 U.S.C. United States person means any United amends 32 CFR part 706. This
553) (the ‘‘APA’’) requiring notice of States citizen, permanent resident alien, amendment provides notice that the
proposed rulemaking, opportunity for entity organized under the laws of the Deputy Assistant Judge Advocate
public participation, and delay in United States or any jurisdiction within General (Admiralty and Maritime Law),
effective date are inapplicable. Because under authority delegated by the
the United States (including foreign
no notice of proposed rulemaking is Secretary of the Navy, has certified that
branches), or any person in the United
required for this rule, the Regulatory USS TEXAS (SSN 775) is a vessel of the
States.
Flexibility Act (5 U.S.C. 601–602) does Navy which, due to its special
* * * * *
rwilkins on PROD1PC63 with RULES

not apply. construction and purpose, cannot fully


comply with the following specific
Paperwork Reduction Act provisions of 72 COLREGS without
As authorized in the APA, the interfering with its special function as a
Regulations are being issued without naval ship: Annex I, paragraph 2(a)(i),

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Federal Register / Vol. 71, No. 66 / Thursday, April 6, 2006 / Rules and Regulations 17347

pertaining to the height placement of for public comment prior to adoption is PART 706—CERTIFICATIONS AND
the masthead light above the hull; impracticable, unnecessary, and EXEMPTIONS UNDER THE
Annex I, paragraph 2(k), pertaining to contrary to public interest since it is INTERNATIONAL REGULATIONS FOR
the height and relative positions of the based on technical findings that the PREVENTING COLLISIONS AT SEA,
anchor lights; Annex I, paragraph 3(b), placement of lights on this vessel in a 1972
pertaining to the location of the manner differently from that prescribed
sidelights; and Rule 21(c), pertaining to herein will adversely affect the vessel’s ■ 1. The authority citation for part 706
the location and arc of visibility of the ability to perform its military functions. continues to read:
sternlight. The Deputy Assistant Judge Authority: 33 U.S.C. 1605.
Advocate General (Admiralty and List of Subjects in 32 CFR Part 706
■ 2. Table One of § 706.2 is amended by
Maritime Law) has also certified that the Marine safety, Navigation (water), and adding, in numerical order, the
lights involved are located in closest Vessels. following entry for USS TEXAS:
possible compliance with the applicable
72 COLREGS requirements. ■ For the reasons set forth in the § 706.2 Certifications of the Secretary of
Moreover, it has been determined, in preamble, amend part 706 of title 32 of the Navy under Executive Order 11964 and
accordance with 32 CFR parts 296 and the Code of Federal Regulations as 33 U.S.C. 1605.
701, that publication of this amendment follows: * * * * *

TABLE ONE
Distance in meters of forward masthead light
Vessel Number below minimum required height.
§ 2(a)(i), Annex I

* * * * * * *
USS TEXAS ...................................................... SSN 775 ........................................................... 2.90

* * * * * * *

■ 3. Table Three of § 706.2 is amended § 706.2 Certifications of the Secretary of


by adding, in numerical order, the the Navy under Executive Order 11964 and
33 U.S.C. 1605.
following entry for USS TEXAS:
* * * * *

TABLE THREE
Side lights dis- Stern light, Forward an- Anchor lights re-
Masthead Side lights arc Stern light arc tance inboard distance for- chor light, lationship of aft
lights arc of
Vessel No. of visibility; of visibility; of ship’s sides ward of stern height above light to forward
visibility; rule rule 21(b) rule 21(c) in meters 3(b) in meters; rule hull in meters; light in meters
21(a) annex 1 21(c) 2(K) annex 1 2(K) annex 1

* * * * * * *
USS SSN 775 ........................ ........................ 210.2° 4.37 11.05 2.8 .30 below.
TEXAS.

* * * * * * *

Approved: March 20, 2006. ACTION: Final rule. FOR FURTHER INFORMATION CONTACT:
Gregg A. Cervi, Commander Gregg A. Cervi, JAGC, U.S.
Commander, JAGC, U.S. Navy, Deputy SUMMARY: The Department of the Navy Navy, Deputy Assistant Judge Advocate
Assistant Judge Advocate General (Admiralty is amending its certifications and General (Admiralty and Maritime Law),
and Maritime Law). exemptions under the International Office of the Judge Advocate General,
[FR Doc. 06–3192 Filed 4–5–06; 8:45 am] Regulations for Preventing Collisions at Department of the Navy, 1322 Patterson
BILLING CODE 3310–FF–P
Sea, 1972 (72 COLREGS), to reflect that Ave., SE., Suite 3000, Washington Navy
the Deputy Assistant Judge Advocate Yard, DC 20374–5066, telephone 202–
General (Admiralty and Maritime Law) 685–5040.
DEPARTMENT OF DEFENSE has determined that USS NEWPORT SUPPLEMENTARY INFORMATION: Pursuant
NEWS (SSN 750) is a vessel of the Navy to the authority granted in 33 U.S.C.
Department of the Navy which, due to its special construction 1605, the Department of the Navy
and purpose, cannot fully comply with amends 32 CFR part 706. This
32 CFR Part 706 certain provisions of the 72 COLREGS amendment provides notice that the
without interfering with its special
rwilkins on PROD1PC63 with RULES

Deputy Assistant Judge Advocate


Certifications and Exemptions Under function as a naval ship. The intended General (Admiralty and Maritime Law),
the International Regulations for effect of this rule is to warn mariners in under authority delegated by the
Preventing Collisions at Sea, 1972 waters where 72 COLREGS apply. Secretary of the Navy, has certified that
AGENCY: Department of the Navy, DOD. DATES: Effective Date: March 21, 2006. USS NEWPORT NEWS (SSN 750) is a

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