Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Rules and Regulations 61311

requirements of § 1.422–2 have been 

met).’’ is removed and the language ‘‘If 

the stockholders of Y timely approve the 

plan, the future grants to acquire Y stock 

will be incentive stock options 

(assuming the other requirements of 

§ 1.422–2 have been met).’’ is added in 

its place.

■ 11. Section 1.424–1(c)(4)(vi), the last 

sentence is removed.

■ 12. Section 1.424–1(c)(4)(viii), second 

sentence, the language ‘‘Thus, for 

example, if the terms of an option are 

inadvertently changed on March 1 to 

extend the exercise period and the 

change is removed on November, then if 

the option is not exercised prior to 

November 1, the option is not considered 

modified under this paragraph (e).’’ is 

removed and the language ‘‘Thus for 

example, if the terms of an option are 

inadvertently changed on March 1 to 

extend the exercise period and the 

change is removed on November 1, then 

if the option is not exercised prior to 

November 1, the option is not considered 

modified under this paragraph (e).’’ is 

added in its place.

■ 13. Section 1.424–1(g)(2), third 

sentence, the language ‘‘For statutory 

options granted after June 9, 2003, and 

before the earlier of January 1, 2006, or 

the first regularly scheduled 

stockholders meeting of the granting 

corporation occurring 6 months after 

August 3, 2004, taxpayers may rely on 

either the REG–122917–02 or this 

section.’’ is removed and the language 

‘‘For statutory options granted after June 

9, 2003, and before the earlier of January 

1, 2006, or the first regularly scheduled 

stockholders meeting of the granting 

corporation occurring at least 6 months 

after August 3, 2004, taxpayers may rely 

on either the REG–122917–02 or this 

section.’’ is added in its place.

§ 1.6039–1 [Corrected]

■ 14. Section 1.6039–1(g)(2), second 

sentence, the language ‘‘For statutory 

options transferred after June 9, 2003, 

and before the earlier of January 1, 2006, 

or the first regularly scheduled 

stockholders meeting of the granting 

corporation occurring 6 months after 

August 3, 2004, taxpayers may rely on 

either REG–122917–02 or this section.’’

is removed and the language ‘‘For 

statutory options transferred after June 9, 

2003, and before the earlier of January 1, 

2006, or the first regularly scheduled 

stockholders meeting of the granting 

corporation occurring at least 6 months 

after August 3, 2004, taxpayers may rely 

on either REG–122917–02 or this 

section.’’ is added in its place.

PART 602—OMB CONTROL NUMBERS 

UNDER THE PAPERWORK 

REDUCTION ACT

■ Par. 2. The authority citation for part 

602 continues to read as follows:

Authority: 26 U.S.C. 7805.

§ 602.101 [Corrected]

■ 15. Section 602.101(b) is amended by 

adding the entry ‘‘1.422–1 * * * 1545–

0820’’ to the table in numerical order.

Cynthia E. Grigsby, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel, (Procedures and 

Administration).

[FR Doc. 04–22858 Filed 10–15–04; 8:45 am] 

BILLING CODE 4830–01–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: 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 VIRGINIA 

(SSN 774) 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: Effective January 12, 2004.

FOR FURTHER INFORMATION CONTACT:

Commander Scott A. Kenney, JAGC, 

U.S. Navy, Deputy Assistant Judge 

Advocate General (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) of the Navy, under 

authority delegated by the Secretary of 

the Navy, has certified that USS 

VIRGINIA (SSN 774) is a vessel of the 

Navy which, due to its special 

construction and purpose, cannot 

comply fully with the following specific 

provisions of 72 COLREGS without 

interfering with its special function as a 

naval ship: Rule 21(c), pertaining to the 

arc of visibility of the sternlight; Annex 

I, section 2(a)(i), pertaining to the height 

of the masthead light; Annex I, section 

2(k), pertaining to the height and 

relative positions of the anchor lights; 

and Annex I, section 3(b), pertaining to 

the location of the sidelights. The 

Deputy Assistant Judge Advocate 

General (Admiralty) has also certified 

that the aforementioned lights 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.

■ Accordingly, 32 CFR part 706 is 

amended as follows:

PART 706—[AMENDED]

■ 1. The authority citation for 32 CFR 

part 706 continues to read as follows:

Authority: 33 U.S.C. 1605.

■ 2. Table One of § 706.2 is amended by 

adding, in numerical order, the following 

entry for the USS VIRGINIA:

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605.

* * * * *

61312 Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Rules and Regulations 

Vessel Number 

Distance

in meters

of forward masthead

light

below minimum

required height.

§ 2(a)(i), Annex I 

* * * * * * * 

USS VIRGINIA SSN 774 ..................................................................................................................... 2.9 

* * * * * * * 

■ 3. Table Three of § 706.2 is amended 

by adding, in numerical order, the 

following entry for USS VIRGINIA:

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605.

* * * * *

TABLE 3 

Vessel Number 

Masthead 

lights arc of 

visibility; rule 

21(a) 

Side lights 

arc of visibility; rule 

21(b) 

Stern light 

arc of visibility; rule 

21(c) 

Side lights 

distance inboard of 

ship’s sides 

in meters 

3(b) annex 1 

Stern light, 

distance forward of 

stern in meters; rule 

21(c) 

Forward anchor light, 

height above 

hull in meters; 2(K) 

annex 1 

Anchor lights 

relationship 

of aft light to 

forward light 

in meters 

2(K) annex 1 

* * * * * * * 

VIRGINIA .................. SSN 774 ..... ..................... ..................... 205° ............ 4.37 ............ 11.05 .......... 2.8 .............. 0.03 below. 

* * * * * * * 

Approved: January 12, 2004. 

S.A. Kenney, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate General (Admiralty 

and Maritime Law).

Editorial Note: This document was 

received at the Office of the Federal Register 

October 13, 2004.

[FR Doc. 04–23216 Filed 10–15–04; 8:45 am] 

BILLING CODE 3810–FF–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: 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 JAMES E. 

WILLIAMS (DDG 95) 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: Effective Date: July 9, 2004.

FOR FURTHER INFORMATION CONTACT:

Commander Gregg A. Cervi, JAGC, U.S. 

Navy, Deputy Assistant Judge Advocate 

General (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 JAMES E. WILLIAMS (DDG 95) 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: Annex I, 

paragraph 3(a) pertaining to the location 

of the forward masthead light in the 

forward quarter of the vessel, and the 

horizontal distance between the forward 

and after masthead lights; Annex I, 

paragraph 3(c), pertaining to placement 

of task lights not less than two meters 

from the fore and aft centerline of the 

ship in the athwartship direction; 

Annex I, paragraph 2(f)(i), pertaining to 

the placement of the masthead light or 

lights above and clear of all other lights 

and obstructions; and Annex I, 

paragraph 2(f)(ii), pertaining to the 

vertical placement of task lights. 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.