42604 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Rules and Regulations 

Canyon 

N. Lat. W. Long. 

Degrees Min Seconds Degrees Min Seconds 

Oceanographer ........................................ 40.0 29.0 50.0 68.0 10.0 30.0 

40.0 29.0 30.0 68.0 8.0 34.8 

40.0 25.0 51.6 68.0 6.0 36.0 

40.0 22.0 22.8 68.0 6.0 50.4 

40.0 19.0 40.8 68.0 4.0 48.0 

40.0 19.0 5.0 68.0 2.0 19.0 

40.0 16.0 41.0 68.0 1.0 16.0 

40.0 14.0 28.0 68.0 11.0 28.0 

Lydonia ..................................................... 40.0 31.0 55.2 67.0 43.0 1.2 

40.0 28.0 52.0 67.0 38.0 43.0 

40.0 21.0 39.6 67.0 37.0 4.8 

40.0 21.0 4.0 67.0 43.0 1.0 

40.0 26.0 32.0 67.0 40.0 57.0 

40.0 28.0 31.0 67.0 43.0 0.0 

Veatch ...................................................... 40.0 0.0 40.0 69.0 37.0 8.0 

40.0 0.0 41.0 69.0 35.0 25.0 

39.0 54.0 43.0 69.0 33.0 54.0 

39.0 54.0 43.0 69.0 40.0 52.0 

Norfolk ...................................................... 37.0 5.0 50.0 74.0 45.0 34.0 

37.0 6.0 58.0 74.0 40.0 48.0 

37.0 4.0 31.0 74.0 37.0 46.0 

37.0 4.0 1.0 74.0 33.0 50.0 

36.0 58.0 37.0 74.0 36.0 58.0 

37.0 4.0 26.0 74.0 41.0 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: 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 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. 

■ 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. 

* * * * * 

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Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Rules and Regulations 42605 

TABLE TWO

Vessel Number 

Masthead 

lights distance to 

stbd of 

keel in 

meters; 

Rule 21 

(a) 

Forward 

anchor 

light, distance 

below 

flight dk 

in meters; 

§ 2(K), 

Annex I 

Forward 

anchor 

light, 

number 

of; Rule 

30(a)(i) 

AFT anchor light, 

distance 

below 

flight dk 

in meters; 

Rule 

21(e), 

Rule 

30(a)(ii) 

AFT anchor light, 

number 

of; Rule 

30(a)(ii) 

Side 

lights, 

distance 

below 

flight dk 

in meters; 

§ 2(g), 

Annex I 

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 

* * * * * * * 

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 

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: Effective August 24, 2009. 

FOR FURTHER INFORMATION CONTACT: 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: 

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. 

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. 

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