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Federal Register / Vol. 71, No.

39 / Tuesday, February 28, 2006 / Rules and Regulations 9927

the Air Force). Nothing in this section § 176.20 [AMENDED] (WT) are vessels of the Navy which, due
shall be interpreted as releasing a ■ 4. Section 176.20(b) is amended by to their special construction and
Military Department from complying revising ‘‘32 CFR part 175’’ to read ‘‘32 purpose, cannot fully comply with the
with its own NEPA regulation. CFR part 174’’. following specific provisions of the 72
COLREGS without interfering with their
§ 174.18 Historic preservation. Dated: February 24, 2006.
special function as naval ships: Rule
L.M. Bynum,
(a) The transfer, lease, or sale of 21(a), pertaining to the placement of
Alternate OSD Federal Register Liaison masthead lights over the fore and aft
National Register-eligible historic Officer, DoD.
property to a non-Federal entity at centerline of the vessel; Rule 23(a)(i)
[FR Doc. 06–1902 Filed 2–24–06; 12:08 pm] and Annex I paragraph 3(c), pertaining
installations subject to this part may
BILLING CODE 5001–06–P to placement of the masthead light in
constitute an ‘‘adverse effect’’ under the
regulations implementing the National the forward part of the ship; Annex I,
Historic Preservation Act (36 CFR paragraph 3(b), pertaining to the
800.5(a)(2)(vii)). One way of resolving placement of sidelights aft of the
this adverse effect is to restrict the use Department of the Navy masthead light and at or near the side
that may be made of the property of the vessel; and Annex I, paragraph
subsequent to its transfer out of Federal 32 CFR Part 706 2(i)(i), pertaining to placement of task
ownership or control through the lights in a vertical line not less than 2
imposition of legally enforceable Certifications and Exemptions Under meters apart. The Deputy Assistant
restrictions or conditions. The Secretary the International Regulations for Judge Advocate General of the Navy
concerned may include such restrictions Preventing Collisions at Sea, 1972 (Admiralty and Maritime Law) has also
or conditions (typically a real property certified that the lights involved are
AGENCY: Department of the Navy, DOD. located in closest possible compliance
interest in the form of a restrictive ACTION: Final rule.
covenant or preservation easement) in with the applicable 72 COLREGS
any deed or lease conveying an interest SUMMARY: The Department of the Navy requirements.
in historic property to a non-Federal is amending its certifications and Moreover, it has been determined, in
entity. Before doing so, the Secretary exemptions under the International accordance with 32 CFR parts 296 and
should first consider whether the Regulations for Preventing Collisions at 701, that publication of this amendment
historic character of the property can be Sea, 1972 (72 COLREGS), to reflect that for public comment prior to adoption is
protected effectively through planning the Deputy Assistant Judge Advocate impracticable, unnecessary, and
and zoning actions undertaken by units General of the Navy (Admiralty and contrary to public interest since it is
of State or local government; if so, Maritime Law) has determined that based on technical findings that the
working with such units of State or local Causeway Ferry Power Modules (CFPM) placement of lights on these vessels in
government to protect the property and Warping Tugs (WT) are vessels of a manner differently from that
through these means is preferable to the Navy which, due to their special prescribed herein will adversely affect
encumbering the property with such a construction and purpose, cannot fully the vessels’ ability to perform their
covenant or easement. comply with certain provisions of the 72 military functions.
COLREGS without interfering with their List of Subjects in 32 CFR Part 706
(b) Before including such a covenant
special function as naval ships. The
or easement in a deed or lease, the Marine safety, Navigation (water), and
intended effect of this rule is to warn
Secretary concerned shall consider— Vessels.
mariners in waters where 72 COLREGS
(1) Whether the jurisdiction that apply. ■ For the reasons set forth in the
encompasses the property authorizes DATES: Effective Date: September 9, preamble, amend part 706 of title 32 of
such a covenant or easement; and 2005. the Code of Federal Regulations as
(2) Whether the Secretary can give or FOR FURTHER INFORMATION CONTACT:
assign to a third party the responsibility Commander Gregg A. Cervi, JAGC, U.S.
for monitoring and enforcing such a PART 706—CERTIFICATIONS AND
Navy, Deputy Assistant Judge Advocate EXEMPTIONS UNDER THE
covenant or easement. General (Admiralty and Maritime Law), INTERNATIONAL REGULATIONS FOR
Office of the Judge Advocate General, PREVENTING COLLISIONS AT SEA,
PART 175—[REMOVED AND 1322 Patterson Avenue, Suite 3000,
Washington Navy Yard, DC 20374–
5066, telephone 202–685–5040. ■ 1. The authority citation for 32 CFR
■ 2. Part 175 is removed and reserved. SUPPLEMENTARY INFORMATION: Pursuant part 706 continues to read as follows:
to the authority granted in 33 U.S.C. Authority: 33 U.S.C. 1605.
1605, the Department of the Navy ■ 2. Table Two of § 706.2 is amended by
amends 32 CFR part 706. This adding, in numerical order, the
amendment provides notice that the following entries for CFPM (class) and
Deputy Assistant Judge Advocate WT (class):
General of the Navy (Admiralty and
Maritime Law), under authority § 706.2 Certifications of the Secretary of
■ 3. The authority citation for part 176 delegated by the Secretary of the Navy, the Navy under Executive Order 11964 and
continues to read as follows: has certified that Causeway Ferry Power 33 U.S.C. 1605.
Authority: 10 U.S.C. 2687 note. Modules (CFPM) and Warping Tugs * * * * *
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9928 Federal Register / Vol. 71, No. 39 / Tuesday, February 28, 2006 / Rules and Regulations

AFT anchor Side lights,
Forward an- Side lights,
Masthead light, dis- Side lights, distance for-
chor light, distance in-
lights, dis- Forward an- tance below AFT anchor distance ward of for-
distance board of
tance to chor light, flight deck light, num- below flight ward mast-
Vessel Number below flight ship’s sides
stbd of keel number of; in meters; ber of; rule deck in me- head light in
deck in me- in meters;
in meters; Rule 30(a)(i) Rule 21(e), 30(a)(ii) ters; § 2(g), meters;
ters; § 2(K), § 3(b),
Rule 21(a) Rule Annex I § 3(b),
Annex I Annex I
30(a)(ii) Annex I

CFPM CFPM–1 2.32 .................... .................... .................... .................... .................... 2.01 5 5.73

(class). through

* * * * * * *
WT (class) WT–1 2.32 .................... .................... .................... .................... .................... 2.01 5 5.73

5 Port sidelight only.

■ 3. Table Four of § 706.2 is amended by DEPARTMENT OF HOMELAND Publishing a NPRM, which would
revising paragraph 5 and adding SECURITY incorporate a comment period before a
paragraph 21 to read as follows: final rule could be issued and delay the
Coast Guard rule’s effective date, is contrary to
§ 706.2 Certifications of the Secretary of public interest because immediate
the Navy under Executive Order 11964 and 33 CFR Part 165 action is necessary to protect the public
33 U.S.C. 1605. and the waters of the United States. For
[COTP KEY WEST 06–029]
* * * * * the same reason, under 5 U.S.C. 553
RIN 1625–AA87 (d)(3), the Coast Guard finds that good
Table Four
cause exists for making this rule
* * * * * Security Zone; Atlantic Ocean Five effective less than 30 days after
Miles South of Boca Chica, FL publication in the Federal Register. The
5. The masthead light required by
Rule 23(a)(i) and Annex I, Paragraph AGENCY: Coast Guard, DHS. Coast Guard will issue a broadcast
3(d), is not located in the forward part ACTION: Temporary final rule. notice to mariners to advise mariners of
of the vessel on the CFPM Class, CSP the restriction.
SUMMARY: The Coast Guard is
Class, SLWT Class, and WT Class. Background and Purpose
establishing a temporary security zone 5
* * * * * miles south of Boca Chica, Florida, in On February 6, 2006, a Navy F–18
21. On the following ships, the support of aircraft recovery operations. aircraft went down in the vicinity of
forward towing light array and This security zone is being implemented position 21°31′ N, 081°33.76′ W. The
Restricted Maneuvering light array do to ensure the security of the recovery purpose of this security zone is to
not meet the vertical spacing site. All vessels will be excluded from ensure the security of the sensitive
requirements described by Annex I, the security zone until salvage information on the aircraft.
paragraph 2(i)(i). operations are complete.
Discussion of Rule
DATES: This rule is effective from 12:01
Restricted p.m. on February 7, 2006, through This rule creates a temporary security
towing light maneu- March 10, 2006. zone 500 yards around position 21°31′
vering light ADDRESSES: Documents mentioned in
Vessel array, array, N, 081°33.76′ W. All vessels and
vertical this preamble as being available in the persons are prohibited from anchoring,
spacing docket are part of docket COTP KEY
(meters) spacing mooring, entering or remaining within
(meters) WEST 06–029 and are available for the Security Zone unless authorized by
inspection and copying at Coast Guard the Captain of the Port, Key West,
CFPM–1 Sector Key West, 100 Trumbo Point, Florida or his designated
CFPM–2 ........ 1.00 1.00
Key West, FL 33040, between 8 a.m. and representative(s). This zone is in effect
WT–1 through
4 p.m. EDT, Monday through Friday from February 7, 2006 through March
WT–4 ............. 1.00 1.00 except Federal holidays. 10, 2006.
Regulatory Evaluation
* * * * * Lieutenant Dan Silvestro at Coast Guard
Sector Key West Prevention This rule is not a ‘‘significant
Approved: September 9, 2005.
Department, telephone 305–292–8808. regulatory action’’ under section 3(f) of
Gregg A. Cervi, SUPPLEMENTARY INFORMATION: Executive Order 12866, Regulatory
Commander, JAGC, U.S. Navy, Deputy Planning and Review, and does not
Assistant Judge Advocate General (Admiralty Regulatory Information require an assessment of potential costs
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and Maritime Law). We did not publish a notice of and benefits under section 6(a)(3) of that
[FR Doc. 06–1807 Filed 2–27–06; 8:45 am] proposed rulemaking (NPRM) for this Order. The Office of Management and
BILLING CODE 3810–FF–P regulation. Under 5 U.S.C. 553 (b)(B), Budget has not reviewed it under that
the Coast Guard finds that good cause Order. It is not ‘‘significant’’ under the
exists for not publishing a NPRM. regulatory policies and procedures of

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